RSA 402-B:2 · Definitions; Exemption

402-B:2 Definitions; Exemption. –

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I.

"Home state" means the District of Columbia and any state or territory of the United States in which an insurance claims adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance claims adjuster. If such state does not issue an insurance claims adjuster license for the line of business sought, the insurance claims adjuster may designate as his or her "home state" any state in which the insurance claims adjuster qualifies pursuant to the provisions of RSA 402-B.

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II.

In this chapter, "insurance claims adjuster" means a person who investigates, negotiates, or settles property, casualty, or workers' compensation claims whether employed by or contracted by or with an insurer, a claims adjusting company, or a third party administrator.

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III.

The provisions of this chapter shall not apply to the following:

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(a)

Attorneys duly admitted to practice in this state pursuant to the provisions of RSA 311 when acting in their professional capacity as an attorney.

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(b)

A person employed solely to obtain facts surrounding a claim for a licensed insurance claims adjuster or to furnish technical assistance to a licensed insurance claims adjuster.

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(c)

An individual who is employed to investigate suspected insurance fraud and who does not adjust losses or determine claims payments.

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(d)

A person who, for purposes of portable electronics insurance claims, collects and enters claims information from, or furnishes claims information to, insureds or claimants, utilizing an automated claims adjudication system; provided, that no more than 25 such persons are under the supervision of a licensed insurance claims adjuster or a licensed insurance producer. A licensed insurance producer adjusting claims or acting as a supervisor pursuant to this subparagraph shall not also be required to be a licensed insurance claims adjuster. In this subparagraph:

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(1)

"Automated claims adjudication system" means a preprogrammed computer system that is utilized only by licensed insurance claims adjusters, licensed insurance producers, or supervised individuals operating pursuant to this subparagraph, designed for the collection, data entry, calculation, and final resolution and settlement of claims with respect to portable electronics insurance in compliance with the claims settlement requirements of the insurance laws of this state.

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(2)

"Licensed insurance claims adjuster" means a person licensed as an insurance claims adjuster under this chapter.

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(3)

"Licensed insurance producer" means a person licensed to sell, solicit, or negotiate portable electronics insurance under RSA 402-J.

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(4)

"Portable electronics insurance" shall have the same meaning as such term under RSA 402-K:1, VI.

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(e)

A person who solely performs executive, administrative, managerial, or clerical duties, or any combination thereof, and who does not investigate, negotiate, or settle claims with policyholders, claimants, or their legal representatives. Completion of a first notice of loss form is a clerical duty.

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(f)

A person who solely investigates, negotiates, settles, or completes a first notice of loss form for automobile glass replacement or repair claims. Source. 1969, 218:1. 2008, 212:1. 2013, 230:1. 2015, 93:1, eff. Aug. 4, 2015. 2018, 132:1, 2, eff. July 29, 2018. 2024, 331:5, eff. Jan. 1, 2025.

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