Section Ins 1403.03 - Voluntary Market Refusal to Write; Refusal to Renew; Cancellation(a) Insurers shall make the same coverage and limits available to each applicant or insured, regardless of tier or company placement, up to the maximum coverage options available in the facility shown under Ins 1406.10(b), unless the insurer's maximum available underlying limits, or reinsurance contracts, preclude it from offering such coverage and limit options. The limits of liability shall not be provided at different amounts within the same policy of automobile insurance unless permitted by RSA 259 or RSA 264.(b) Insurers shall not claim that suspension or revocation of an insured's driving privileges are grounds for asserting that coverage has been forfeited under the provisions of RSA 264:3 or cancelled under RSA 417-A:4, when the suspension or revocation can be directly attributed to the insurer's failure to file the necessary certification in compliance with RSA 264.(c) Insurers shall establish and maintain a system by which each automobile policy cancellation, other than for nonpayment of premium, and each nonrenewal, other than at the insured's request, is recorded together with the specific reason for the cancellation or nonrenewal. Cancellation reasons such as "for underwriting reasons" or "does not meet underwriting requirements" are lacking in specificity and shall not be sufficient reasons for compliance with the provisions of RSA 417-A:5.(d) For the purposes of this section, and to comply with the provisions of RSA 417-A:1, II, if the policy of automobile insurance provides for a policy period of less than 12 months in duration, the policy period means 12 months.(e) Insurers shall not penalize producers in any way for submitting applications for a policy of automobile insurance to such insurer. A pattern of agency terminations by an insurer shall be deemed evidence of an intent by an insurer to circumvent RSA 417-A:3.(f) Insurers shall not void or cancel a policy back to its inception date, unless permitted by law.N.H. Admin. Code § Ins 1403.03
(See Revision Note #1 at chapter heading for Ins 1400) #8032, eff 7-1-04; amd by #8074, eff 7-1-04; ss by #10153, eff 7-1-12
Amended by Volume XLI Number 6, Filed February 11, 2021, Proposed by # 13162, Effective 1/25/2021, Expires 1/25/2031.Amended by Number 6, Filed February 9, 2023, Proposed by #13533, Effective 1/24/2023, Expires 1/24/2033.