CHAPTER Ins
3100 ELECTRONIC FILINGS
Statutory Authority: RSA 400-A:15; RSA 414; RSA 418; RSA 420-A; RSA 420-B
PART Ins
3101 ELECTRONIC FILING STANDARDS
Ins 3101.01 Purpose. The purpose of this part is to require
insurers, advisory organizations, nonprofit service organizations, health
maintenance organizations, fraternal benefit societies, or their authorized
filing agent(s) or representative(s), to submit all rates, forms, rule
submissions or filings, and all applicable fees to the insurance department
using the NAIC system for electronic rate and form filing (SERFF).
Source. #5651, eff 7-1-93; ss by #6968, eff 3-26-99,
EXPIRED: 3-26-07
New. #9282, eff 10-1-08; ss by #11147, eff 10-1-16
Ins 3101.02 Applicability and Scope. This part shall
apply to all submissions or filings of insurance forms, rules, rates, including
property and casualty loss costs, and experience reports, including accident
and health actuarial certifications, policy experience exhibits and credit
insurance experience reports, required by statute or rule to be provided to the
insurance department by or on behalf of insurers, advisory organizations, nonprofit
service organizations, health maintenance organizations, or fraternal benefit
societies.
Source. #5651, eff 7-1-93; ss by #6968, eff 3-26-99,
EXPIRED: 3-26-07
New. #9282, eff 10-1-08; ss by #11147, eff 10-1-16
Ins 3101.03 Definitions.
(a)
"EFT" means electronic funds transfer.
(b)
"NAIC" means the national association of insurance
commissioners.
(c)
"SERFF" means the NAIC system for electronic rate and form
filing.
Source. #5651, eff 7-1-93; ss by #6968, eff 3-26-99,
EXPIRED: 3-26-07
New. #9282, eff 10-1-08; ss by #11147, eff 10-1-16
Ins
3101.04 Procedural Requirements.
(a)
All insurance companies submitting rate, loss costs, and form filings
submissions shall comply with the New Hampshire insurance department's
requirements for the type of insurance for which the companies are submitting.
(b)
All life, accident, and health submissions or filings shall comply with
Ins 401.14 Forms Filing, Review and Inventory Procedures.
(c)
All property and casualty submissions or filings shall comply with the
provisions of RSA 412 and Ins 5001.
(d)
Insurance companies submitting rate and form filing materials shall
provide all fees via EFT if domiciled in a state or country where the state
insurance department or comparable agency requires foreign or alien insurers to
pay any fees for the filing or examination of policy forms. The materials submitted shall include payment
of the retaliatory fee due to the state of New Hampshire pursuant to RSA
400-A:35.
(e) Insurers, advisory
organizations, nonprofit service organizations, health maintenance
organizations, and fraternal benefit societies shall use SERFF for all
correspondence related to any submission or filing.
Source. #5651, eff 7-1-93; ss by #6968, eff 3-26-99,
EXPIRED: 3-26-07
New. #9282, eff 10-1-08; ss by #11147, eff
10-1-16; ss by #13071, eff 7-22-20
Ins 3101.05 Waiver of Rules.
(a)
The commissioner, upon the commissioner’s own initiative or upon request
by an insurer, shall waive any requirement of this part if such waiver does not
contradict the objective or intent of the rule and:
(1) Applying the rule provision would cause confusion
or would be misleading to consumers;
(2) The rule provision is in whole or in part
inapplicable to the given circumstances;
(3) There are specific circumstances unique to the
situation such that strict compliance with the rule would be onerous without
promoting the objective or intent of the rule provision; or
(4) Any other similar extenuating circumstances
exist such that application of an alternative standard or procedure better
promotes the objective or intent of the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person or entity seeking a waiver shall make a request in writing.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
Source. #13071, eff 7-22-20
APPENDIX
Rule |
Statute |
Ins 3101.01 |
RSA 400-A:15,I;
412:5; 412:7; 412:16; 412:28; 415:1; 415-D:2; 418:15; 420-A:8;
420-B:8; 420-F:4; 408; 408-A; 408-D:5; 408-E:3,IV; 416-A:17-a |
Ins 3101.02 |
RSA 400-A:15,I;
412:5; 412:7; 412:16; 412:28; 415:1; 415-D:2; 415-H:4; 418:15; 420-A:8; 420-B:8; 420-F:4; 408; 408-A; 408-D:5; 408-E:3,IV; 416-A:17-a; 420-G:12
|
Ins 3101.03 |
RSA 400-A:15,I;
412:5; 412:7; 412:16; 412:28; 415:1; 415-D:2; 418:15; 420-A:8;
420-B:8; 420-F:4; 408; 408-A; 408-D:5;
408-E:3,IV; 416-A:17-a |
Ins 3101.04 |
RSA 400-A:15,I;
412:5; 412:7; 412:16; 412:28; 415:1; 415-D:2; 418:15; 420-A:8;
420-B:8; 420-F:4; 408; 408-A; 408-D:5;
408-E:3,IV; 416-A:17-a |
Ins 3101.04 |
RSA 400-A:15,I;
RSA 408; RSA 408-A; RSA 408-D:5; RSA 408-E:3,IV; RSA 412:5; RSA 412:7; RSA
412:16; RSA 412:28; RSA 415:1; RSA 416-A:3; RSA 416-A:17-a; RSA 418:18; RSA 420-A:8; RSA 420-B:8; RSA
420-F:4; RSA 420-G:12 & 13 |