2014 New Hampshire Revised Statutes
Title XXXVII - INSURANCE
Chapter 402 - INSURANCE COMPANIES AND AGENTS
Section 402:41 - Exceptions.

    402:41 Exceptions. –
    I. RSA 402:39, RSA 402:40, and RSA 417:4, IX shall not prohibit:
       (a) An insurance company from paying to another insurance company or to any person who is a duly authorized producer, or an insurance company or such a person from receiving a commission in respect to any policy under which the entity or he or she is insured.
       (b) An insurance company issuing non-participating life insurance from paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from non-participating insurance.
       (c) An insurance company transacting industrial insurance on the weekly payment plan from returning to policyholders, who have made premium payments for a period of at least one year directly to the company of its home or district offices, a percentage of the premium which the company would have paid for weekly collection of such premiums.
       (d) Value added service, activity, or product offered or provided without a fee, or at a reduced fee, that is related to the coverage provided by the insurance contract, if the provision of such value added service, activity, or product does not violate any other applicable statute or rule, and is:
          (1) Clearly identified and included within the insurance policy, annuity contract, or brokerage agreement; or
          (2) Directly related to the firm's servicing of the insurance policy, annuity contract, or brokerage agreement, or offered or undertaken to provide risk control for the benefit of the client.
       (e) The giving of a promotional item or items to a consumer in connection with marketing of contracts of insurance provided the item or items have a fair market value of $25 or less per consumer, per year.
       (f) Raffles or drawings, conducted in connection with the marketing or promotion of insurance products, if:
          (1) The total prize value for all raffles or drawings in a 12-month period do not exceed $1,000;
          (2) There is no participation cost to entrants; and
          (3) The raffle is open to consumers who are not policyholders and the consumer is not required to purchase a policy in order to be eligible to enter the raffle or receive a raffle prize.
       (f) Contests, sweepstakes, raffles, or drawings, conducted in connection with the marketing or promotion of insurance products, if:
          (1) The total prize value for all contests, sweepstakes, raffles, or drawings in a 12-month period does not exceed $1,000 provided, however, that this subparagraph shall not apply to insurer contests, sweepstakes, raffles, or drawings;
          (2) There is no participation cost to entrants; and
          (3) The contest, sweepstakes, raffle, or drawing is open to consumers who are not policyholders and the consumer is not required to purchase a policy in order to be eligible to enter the contest, sweepstakes, raffle, or drawing or receive a prize.
       (g) The rebate of all or part of a producer's commission on the sale of commercial insurance as defined in RSA 412 provided the insurer expressly provides for such rebate in rate filings approved by the commissioner and the reduction of the commission is not disclosed to the insured either directly or indirectly.
    II. For the purposes of subparagraph I(d), "value added service, activity, or product'' may include the following:
       (a) Risk assessments.
       (b) Risk control tools.
       (c) Claims assistance.
       (d) Legislative updates.
       (e) Administration consulting.

Source. 1913, 127:1. PL 273:35. RL 323:40. 1947, 175:2. 2003, 244:1, eff. Sept. 12, 2003. 2008, 255:1, eff. Aug. 25, 2008. 2010, 92:1, eff. July 24, 2010. 2014, 31:2, eff. July 26, 2014; 173:1, eff. Jan. 1, 2015.