RSA 404-H:3 · Scope

404-H:3 Scope. – This chapter shall apply to insurers with orders of liquidation with findings of insolvency that are first entered after the effective date of this chapter and shall apply to all kinds of direct insurance, but shall not be applicable to the following:

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I.

Life, annuity, health, or disability insurance;

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II.

Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks;

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III.

Fidelity or surety bonds, or any other bonding obligations;

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IV.

Credit insurance, vendors' single interest insurance, or collateral protection insurance or other forms of any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;

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V.

Insurance of warranties or service contracts including insurance that provides for the repair, replacement, or service of goods or property, indemnification for repair, replacement or service for the operational or structural failure of goods or property due to a defect of materials, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits;

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VI.

Title insurance;

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VII.

Ocean marine insurance;

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VIII.

Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or

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IX.

Any insurance provided by or guaranteed by government. Source. 2004, 197:1, eff. Aug. 6, 2004.

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