New Hampshire Revised Statutes 417-A:5 – Cancellation, Refusal to Renew, Notice
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No cancellation or refusal to renew by an insurer of a policy of automobile insurance shall be effective unless the insurer or its agent either physically delivers or mails to the named insured, at the address shown in the policy, a written notice of the cancellation or refusal to renew or electronically delivers to the named insured a written notice of cancellation or refusal to renew. Such notice shall:
I. Be approved as to form by the insurance commissioner prior to use.
II. State the date on which such cancellation or refusal to renew shall become effective. The effective date shall not be less than 45 days after the date the notice is mailed or physically or electronically delivered to the named insured provided however, the effective date may be 10 days from the date of mailing or physical or electronic delivery when:
(a) The policy is being cancelled or not renewed for nonpayment of premium, provided that nonpayment notices shall not be issued until nonpayment has occurred; or
(b) The policy is not a renewal policy and the cancellation notice is mailed or delivered within 60 days of the policy’s effective date and the insurer otherwise complies with all laws and rules related to cancellation of automobile insurance.
III. State the specific reason or reasons of the insurer for cancellation or refusal to renew.
IV. Advise the insured that the insured has the right to request that the insurance commissioner review the insurer’s decision to cancel or not renew the policy. This notice shall advise the insured that in order to request the commissioner’s review of the cancellation or nonrenewal, the insured must send a written request to the commissioner within 10 days of receiving the insurer’s notice of cancellation or nonrenewal. The insurer shall also provide in the notice, the phone number and mailing address of the New Hampshire insurance department.
V. In case of an automobile policy, in the notice advise the insured of eligibility for insurance through the automobile reinsurance facility.
I. Be approved as to form by the insurance commissioner prior to use.
Terms Used In New Hampshire Revised Statutes 417-A:5
- Insurer: means any insurance company, association or exchange authorized to issue policies of automobile insurance in the state of New Hampshire. See New Hampshire Revised Statutes 417-A:1
- Nonpayment of premium: means failure of the named insured to discharge when due any of the named insured's obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. See New Hampshire Revised Statutes 417-A:1
- Policy of automobile insurance: means a policy delivered or issued for delivery in this state insuring a person as named insured or one or more related individuals resident of the same household, and under which the insured vehicles therein designated includes a private passenger automobile as defined in rules adopted by the commissioner pursuant to RSA 541-A. See New Hampshire Revised Statutes 417-A:1
- Renewal: or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, such renewal policy to provide types and limits of coverage at least equal to those contained in the policy being superseded, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy being extended. See New Hampshire Revised Statutes 417-A:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- to renew: means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, such renewal policy to provide types and limits of coverage at least equal to those contained in the policy being superseded, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term with types and limits of coverage at least equal to those contained in the policy being extended; provided, however, that any policy with a policy period or term of less than 12 months or any period with no fixed expiration date shall for the purpose of this chapter be considered as if written for successive policy periods or terms of 12 months. See New Hampshire Revised Statutes 417-A:1
II. State the date on which such cancellation or refusal to renew shall become effective. The effective date shall not be less than 45 days after the date the notice is mailed or physically or electronically delivered to the named insured provided however, the effective date may be 10 days from the date of mailing or physical or electronic delivery when:
(a) The policy is being cancelled or not renewed for nonpayment of premium, provided that nonpayment notices shall not be issued until nonpayment has occurred; or
(b) The policy is not a renewal policy and the cancellation notice is mailed or delivered within 60 days of the policy’s effective date and the insurer otherwise complies with all laws and rules related to cancellation of automobile insurance.
III. State the specific reason or reasons of the insurer for cancellation or refusal to renew.
IV. Advise the insured that the insured has the right to request that the insurance commissioner review the insurer’s decision to cancel or not renew the policy. This notice shall advise the insured that in order to request the commissioner’s review of the cancellation or nonrenewal, the insured must send a written request to the commissioner within 10 days of receiving the insurer’s notice of cancellation or nonrenewal. The insurer shall also provide in the notice, the phone number and mailing address of the New Hampshire insurance department.
V. In case of an automobile policy, in the notice advise the insured of eligibility for insurance through the automobile reinsurance facility.