§ 402:15-a — Transactions Through Credit Card Facilities

New Hampshire § 402:15-a

• Jurisdiction: New Hampshire
• Title XXXVII: INSURANCE
• Ch. 402: INSURANCE COMPANIES AND AGENTS
• Subdivision: Licenses to Agents

Text

I. No person may knowingly solicit or negotiate any insurance, seek or accept applications for insurance, issue or deliver any policy to or for any insurer or relative to a subject of insurance resident, located or to be performed in this state, through the arrangement or facilities of a credit card facility or organization, for the purpose of insuring credit card holders or prospective credit card holders. Credit card holders as used in this section means any person who may pay the charge for purchases or other transactions through the credit card facility or organization, and whose credit with such facility or organization is evidenced by a credit card, identifying such person as being one whose charges the credit card facility or organization will pay, and who is identified as such upon the credit card either by name, account number, symbol, insignia, or any other method or device of identification.
I-a. Any premiums returned as a result of cancellation on any policy paid with a credit card, or financed through a credit card facility or organization, shall be paid directly to the credit card holder. The commissioner may issue rules for the proper administration of this paragraph pursuant to RSA 400-A:15.
II. Whenever any person does or performs in this state any of the acts set forth in the preceding paragraph I for or on behalf of any insurer therein referred to, such insurer shall be held to be doing business in this state and shall be subject to the same taxes, state, county and municipal, as insurers that have been legally qualified and admitted to do business in this state by agents or otherwise are subject, the same to be assessed and collected against such insurers; and such persons so doing or performing any of such acts shall be personally liable for all such taxes.
III. The provisions of this section shall not apply to group or individual policies of accident insurance written by insurance companies duly authorized to do business in this state. However, any individual policies of accident insurance must be placed through agents who are residents of this state and who are licensed to transact business in this state.

Legislative History

1965, 288:1. 1973, 257:1. 1979, 448:2. 1981, 502:6. 1986, 194:1, eff. Aug. 2, 1986.