New Hampshire HB 1197: making technical corrections to certain insurance laws.

Bill Text

HB 1197-FN - VERSION ADOPTED BY BOTH BODIES

19Feb2026... 0519h

21May2026... 2016EBA

2026 SESSION

 26-2540

 05/08

HOUSE BILL 1197-FN

AN ACT making technical corrections to certain insurance laws.

SPONSORS: Rep. Hunt, Ches. 14

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

This bill makes various technical corrections to the insurance laws. 

The bill is a request of the insurance department.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2026... 0519h

21May2026... 2016EBA 26-2540

 05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT making technical corrections to certain insurance laws.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Insurance Department; Investigations, Enforcement. Amend RSA 400-A:16 to read as follows:

400-A:16 Investigations, Enforcement.

 I. The commissioner may conduct such investigations in addition to those specifically provided for as he or she may find necessary in order to promote the efficient administration of the provisions of this title.

 II. Any individual or entity who transacts insurance in this state or is otherwise subject to the authority of the commissioner shall, upon request of the commissioner, provide the commissioner with all documents and information relevant to any investigation under this section within 10 working days, or shall request within the 10 working-day period, for good cause shown, additional time to respond. Failure to provide all the documents and information or request additional time to respond within 10 working days shall be a violation. The commissioner may by written notice with an effective date 30 days thereafter order the suspension, revocation, or non-renewal of the license of the individual or entity or impose an administrative penalty not to exceed $5,000 for each violation. The individual or entity may request a hearing pursuant to RSA 400-A:17, III. Any order shall be suspended pending a final decision of the commissioner after the hearing.

 III. Except as provided in subparagraphs (a)-(d), any documents, materials, or other information in the control or possession of the insurance department that is furnished by an insurer, producer, or an employee or agent thereof acting on behalf of the insurer or producer, or from the National Association of Insurance Commissioners, its affiliates or subsidiaries, or from regulatory and law enforcement officials of other foreign or domestic jurisdictions, or is otherwise obtained by the commissioner in an investigation pursuant to this section shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to this section. No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized herein. The following shall apply:

 (a) The commissioner may use documents, materials, or other information obtained through an investigation in furtherance of any regulatory or legal action brought as part of the commissioner's duties.

 (b) The commissioner may share documents, materials, or other information, including the confidential and privileged documents, materials, or other information under paragraph III, with other state, federal, and international regulatory agencies including the Bank for International Settlements, with the International Association of Insurance Supervisors or the National Association of Insurance Commissioners, their affiliates or subsidiaries, and with state, federal, and international law enforcement authorities; provided, that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.

 (c) The commissioner may disclose to an insured or claimant who has filed a complaint against an insurer, a copy of the insurance company's letter to the department in response to the complaint. The commissioner [shall] may adopt rules, pursuant to RSA 541-A, as may be necessary, to identify those documents obtained from the company during the course of