TITLE XXXVII
INSURANCE

CHAPTER 415-C
CONSUMER GUARANTY CONTRACTS

Section 415-C:6

    415-C:6 Contract Disclosures. –
I. Consumer guaranty contracts shall not be issued, sold, or offered for sale in this state unless the obligor or a sales representative with express authority from the obligor has:
(a) Provided a receipt for, or other written evidence of, the purchase of the consumer guaranty contract to the contract holder; and
(b) Provided a copy of the consumer guaranty contract, including its terms and conditions, to the contract holder within a reasonable period of time from the date of purchase.
II. Consumer guaranty contracts marketed, sold, or offered for sale, issued, made, or proposed to be made in this state shall be dated and written in clear, understandable language and the entire contract shall be printed or typed in easy to read type.
III. Consumer guaranty contracts shall state:
(a) The total purchase price of the consumer guaranty contract. The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.
(b) The specific products and services to be provided and any limitations, exceptions, or exclusions.
(c) The existence of any deductible amount, if applicable.
(d) Any terms, restrictions, or conditions governing the transferability, cancellation, and termination of the consumer guaranty contract by either the obligor or contract holder.
(e) All of the obligations and duties of the contract holder, such as the duty to meet certain conditions, protect against any further damage, and the requirement for certain service and maintenance.
(f) The procedure for obtaining prior approval, if prior approval is required.
(g) The procedure that the contract holder must take to make claims and receive service under the terms and conditions of the consumer guaranty contract, including a toll-free telephone number for service.
(h) The procedure that a contract holder may take to discuss with the obligor questions or complaints. This procedure shall include a statement substantially similar to the following: "In the event you do not receive satisfaction under this contract, you may contact the New Hampshire insurance department." The statement shall include the current address and phone number of the department.
IV. If any preexisting condition is excluded from coverage, the consumer guaranty contract must state the basis upon which the service or promised performance may be denied for such preexisting condition.

Source. 2004, 224:1, eff. Jan. 1, 2005.