What New Hampshire's Adjuster License Actually Is
New Hampshire licenses claims adjusters under RSA chapter 402-B, 'Insurance Claims Adjusters' — fourteen live sections, one repealed. It is a short chapter, and two of its most load-bearing provisions moved in the last two years: § 402-B:2, the definition and the exemption list, was rewritten by 2024, ch. 331, § 5, effective 1 January 2025, and § 402-B:1, the prohibition itself, by 2025, ch. 191, § 3, effective 13 September 2025. Anything written about New Hampshire adjuster licensing before 2025 is describing a different chapter.
§ 402-B:1 Prohibition, in full: 'It is unlawful for any person, whether as agent or employee, to act directly or indirectly, as an insurance claims adjuster on policies written on risks located in this state for any insurance company, including unadmitted surplus lines companies, unless licensed as provided in this chapter.'
Read the hook carefully. It is the location of the risk, not the location of the adjuster. An adjuster who never enters New Hampshire, working a New Hampshire file from a desk in another state, is inside the prohibition. And the surplus lines clause is new — the section's only other Source entry is 1969.
Public adjusters are somewhere else entirely. They are licensed under RSA chapter 402-D, a separate 21-section chapter with a surety bond, a prescribed written contract, escrow accounts, record retention, standards of conduct and a fixed expiration date. None of that machinery exists in 402-B.
There is no prelicensing education requirement anywhere in the chapter.
The definition expressly reaches the person employed by the carrier — and the six exemptions in paragraph III contain no carve-out for the salaried employee of an insurer. Most states exempt exactly that person. New Hampshire does not. If you adjust New Hampshire risks for the carrier that employs you, you need a license.
The Six Exemptions — and the Word That Governs All of Them
§ 402-B:2, III puts six categories outside the chapter. The list is closed, and it was rewritten effective 1 January 2025.
(a) Attorneys duly admitted in New Hampshire under RSA 311, 'when acting in their professional capacity as an attorney.'
(b) A person employed solely to obtain facts surrounding a claim for a licensed adjuster, or to furnish technical assistance to one.
(c) An individual employed to investigate suspected insurance fraud who 'does not adjust losses or determine claims payments.'
(d) Portable electronics claims staff using an 'automated claims adjudication system' — with a headcount: '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 producer supervising under this paragraph 'shall not also be required to be a licensed insurance claims adjuster.'
(e) A person who solely performs executive, administrative, managerial or clerical duties and does not investigate, negotiate or settle claims — and then the paragraph adds a sentence of its own: 'Completion of a first notice of loss form is a clerical duty.'
(f) A person who solely investigates, negotiates, settles or completes a first notice of loss for automobile glass replacement or repair claims.
Two of these are worth memorizing on their own. (e) declares by statute that completing a first notice of loss is clerical, which is the exact line between exempt intake staff and a licensed adjuster. And (f) takes automobile glass out of the chapter entirely — a whole claim type, exempt.
There Is No License Term in New Hampshire
§ 402-B:10-a Expiration, in full: 'An insurance adjuster license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and educational requirements for resident individual adjusters are met by the due date.'
That is the whole section. New Hampshire runs a perpetual license conditioned on a biennial fee and continuing education. RSA 400-A:29 calls the payment a 'Biennial renewal' — that is a payment cadence, not a license term.
§ 402-B:7, III does the same for nonresidents, and adds a trap: the license remains in effect so long as the fee is paid 'and the nonresident's insurance adjuster license remains in good standing in his or her home state.' Then: 'Termination of the insurance adjuster's resident license shall be deemed termination of the New Hampshire nonresident insurance adjuster license unless the adjuster timely files a change of address pursuant to this chapter.'
Three reporting duties, all 30 days, all in § 402-B:7. Change of address: 30 days. Any administrative action in another jurisdiction or by another New Hampshire agency: 'within 30 days of the final disposition,' with a copy of the order. Any criminal prosecution: 'within 30 days of the initial pretrial hearing date.'
Note that last trigger. It is not arrest, not charge, not conviction — it is the initial pretrial hearing.
The Examination — and the Numbers Nobody Publishes
§ 402-B:4 requires an applicant to have 'satisfactorily passed a reasonable written examination, which shall be administered by the commissioner, shall be in such form as said commissioner shall prescribe and shall be of sufficient scope to test the applicant's knowledge of insurance, the duties and responsibilities of a licensee, and the laws of the state applicable to insurance.'
The section fixes no passing score, no question count and no time limit. It delegates the entire form of the exam to the commissioner.
PSI replaced Prometric effective 1 July 2025. The current candidate bulletin gives two adjuster examinations and their fees: series 12-75, Property and Casualty, $72; and series 12-76, Workers' Compensation, $59.
So there are two lines of authority, not three license classes. RSA 402-B:5-a speaks of licensees 'with workers' compensation authority' and 'those without' — you may hold one line or both. Adding a line later requires a new application, a $50 fee, and passing the appropriate exam; deleting one requires a written request and the same $50.
What the bulletin does say about mechanics: 'A small number (5 to 10) of “experimental” questions may be administered to candidates during the examinations. These questions will not be scored.' And on retakes: 'It is not possible to make a new examination appointment on the same day you have taken an examination.' There is no fingerprint or background-check requirement in the bulletin, and none in § 402-B:3.
Treat any source confidently quoting a New Hampshire adjuster passing score, question count or seat time as unsourced. Study to master the material rather than to a number, and check the current PSI bulletin for scheduling mechanics rather than relying on a course provider's summary.
The Exam Waivers, and the Home-State Rule Everyone Gets Backwards
§ 402-B:5 'Exceptions' — and note that despite the catchline this is an exam waiver, not a licensing exemption. 'The commissioner shall waive the requirement of such examination in the following cases: I. Nonresident applicants who are licensed as insurance claims adjusters in the states in which they reside, or if no license is required in said states, then nonresident applicants who have engaged in the business of claims adjusting for a period of 6 months; II. Attorneys-at-law. III. [Repealed.]'
The six-month experience route is real and widely missed. If you live in a state that does not license adjusters, six months in the business substitutes for the home-state license as a basis for the waiver.
Attorneys appear twice — outside the chapter altogether under § 402-B:2, III(a), and again here as an exam waiver. The redundancy is in the statute.
And now the reversal. A great deal of circulating material says New Hampshire cannot be chosen as a Designated Home State. The opposite is true, and has been for eleven years.
§ 402-B:2, I defines home state and then provides: '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.'
The Department says the same thing in its own notice, captioned 'DECLARATION OF NEW HAMPSHIRE as HOME STATE — Effective 5/5/2015': 'Any non-resident adjuster living in a state that does not license adjusters and is requesting NH as their DESIGNATED HOME STATE MUST pass the appropriate NH Adjuster exam,' adding that 'CE remains a requirement in order to maintain the license.'
Fees — All of Them in a Different Chapter
§ 402-B:8 contains no dollar figures at all. It routes every fee to RSA 400-A:29, the Department-wide fee schedule, which was itself amended by 2025, ch. 191, § 13.
Adjuster's licenses; resident and non-resident — application and license fee $75 · biennial renewal $75 · amendment to license, except change of name or address, $50 · additional fee for late renewal $75 · fee for late completion of continuing education $25.
Public adjusters; resident and non-resident — application and license fee $100 · biennial renewal $100 · additional fee for late renewal $100 · late CE $25. Copies of licensing documents run $1 per page.
The lapse rule, and how the two instruments reconcile. § 402-B:8, III lets an adjuster 'within 24 months from the due date of the renewal fee, reinstate the same license without the necessity of passing a written examination. However, a penalty in the amount of double the unpaid renewal fee shall be required.' The schedule's $75 additional late fee on a $75 renewal produces $150 in total — which is exactly what the Department publishes.
The renewal cycle opens 90 days before expiration at NIPR. Courtesy reminders go out by email only, about 60 days ahead, and the Department warns that 'Non-Receipt of an Email Reminder Does Not Negate Your Responsibility to Renew Your License.'
Returned payments bite hard. Under RSA 6:11-a the Department collects $25 or 5% of the check, whichever is greater, plus $8 in treasury fees — and 'the license will be placed in suspended status immediately,' then canceled if the obligation is not satisfied within 60 days.
The 24 months in § 402-B:8, III is a reinstatement window, not a grace period — what it buys you is exemption from re-examination, not forgiveness of the penalty. Past 24 months you apply as a new applicant and pay the $75 application fee again. There is no period during which a lapsed New Hampshire adjuster may lawfully keep adjusting.
Continuing Education — 24 Hours, and a Deadline 60 Days Early
§ 402-B:5-a: 'Every 2 years, at least 60 days prior to the renewal date of their license, persons holding an adjusters license shall be certified by the insurance department as having completed 24 hours of continuing education instruction.'
At least 3 of the 24 must be adjuster ethics: 'Of the 24 continuing education hours required, at least 3 hours shall consist of courses approved for adjuster ethics credit.'
If you hold workers' compensation authority, ten of your hours are spoken for on each side: 'Licensees with workers' compensation authority shall comply with the approved 10 credit hours of workers' compensation and 10 credit hours of multi-line requirement pursuant to RSA 281-A:63.' Licensees without that authority 'may satisfy their 24 credit hour requirement exclusively with multi-line approved credits or any combination.'
Nonresidents are excused by reciprocity: 'If a nonresident licensee has complied with the continuing education requirements of his or her state of residence or designated home state, he or she will not be required to comply with the requirements of this state.'
§ 402-B:12 makes CE failure a discipline ground, and RSA 400-A:29 adds a $25 fee for late completion — so the consequence is both a fee and exposure to an administrative fine.
And RSA 281-A:63 does not say 24. Read directly, it requires 'a minimum of 20 hours, 10 hours of which shall inform the licensee of the current workers' compensation laws of this state ... and 10 hours of which shall be in any other preapproved multi-line' course. The 24-hour total and the 3 ethics hours come from § 402-B:5-a; the 10/10 split comes from the comp code. Neither section states the whole rule.
§ 402-B:9 — The Duty New Hampshire Has and Almost Nobody Else Does
§ 402-B:9, in full, and unamended since 1969:
'The licensee shall exhibit said license to each person, whether an insured, a claimant, a witness, a potential witness or any other informant with whom he may deal in the course of investigating or adjusting any claim or potential claim prior to any such dealings and shall identify the name of the company for which he works and the name of the insured.'
Read the three moving parts. Who: not just the insured and the claimant — witnesses, potential witnesses, and 'any other informant.' When: not at some convenient point — 'prior to any such dealings.' What: not merely showing the license — you must also name your company and name the insured.
The Department takes this seriously enough to run a standing notice about it at the top of its adjuster page, adding that 'The public is strongly encouraged to request photo identification in addition to the license issued by the department.'
And the penalty section backs it up. § 402-B:13 reaches not only unlicensed adjusting but 'any licensee who in the course of his work as an insurance claims adjuster shall misrepresent his identity or the identity of his principal or employer, or who shall wrongfully divulge information coming to him in his capacity as an insurance claims adjuster.'
So identity and disclosure are not housekeeping in New Hampshire. They are a licensing duty in § 402-B:9 and a criminal offense in § 402-B:13.
Two Separate $2,500s — and a Felony That Depends on What You Are
§ 402-B:12 lets the commissioner, 'for good cause shown, after notice and hearing,' deny, suspend or revoke a license 'or subject him or her to an administrative fine not to exceed $2,500 per violation.' Appeal lies under RSA 541.
Twelve grounds, and they run the familiar catalogue with a few New Hampshire touches: untrue information on an application · violating any insurance law or another state's commissioner's order · obtaining a license by fraud · improperly withholding or converting money or property · intentionally misrepresenting policy terms · felony conviction · an admitted or adjudicated insurance unfair trade practice or fraud · fraudulent, coercive or dishonest practices, or incompetence, untrustworthiness or financial irresponsibility · discipline in any other state · forgery · improperly using notes or reference material to complete a licensing examination · child support noncompliance.
§ 402-B:13 is the criminal section, and it is unamended since 1991: 'Any person who shall act within this state as an insurance claims adjuster without being licensed as herein provided, or any licensee who ... shall misrepresent his identity ... or who shall wrongfully divulge information ... shall: I. Be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and II. Be subject to suspension or revocation of his license and a fine not to exceed $2,500 for each violation.'
Two different $2,500s. One is an administrative fine under § 402-B:12, imposed by the commissioner after notice and hearing. The other is a criminal fine under § 402-B:13, imposed by a court. They are not the same money and they are not alternatives.
§ 402-B:11 — The Expedited License, and a Trigger the Statute Does Not Have
§ 402-B:11 Expedited License, in full: 'In the event of an emergency or disaster, the commissioner of insurance may, in his or her discretion, issue licenses to persons the commissioner determines are qualified. The fee for the expedited license shall be the same as that provided in RSA 402-B:8.'
Two things follow from that text. No declaration of any kind is required — the section turns entirely on the commissioner's determination that an emergency or disaster exists. And there is no discount: the expedited license costs the same $75 as an ordinary one.
The Department's page adds machinery the statute does not contain: 'Temporary/Emergency/Catastrophe licenses will be issued upon a declaration of a State of Emergency by the Governor. The Commissioner can also issue Temporary/Emergency/Catastrophe licenses if the Commissioner determines there is an emergency or disaster that requires the temporary licensing of adjusters pursuant to RSA 402-B:11.'
Note the structure of that sentence — the Governor's declaration is offered as one route alongside the statutory one, not in place of it. The Commissioner's independent discretion survives.
Eligibility, per the Department: 'Applicants must be licensed in another state or have 6 months adjusting experience' — the same pairing that appears in the § 402-B:5 exam waiver. Applications go through NIPR, 'License will be processed immediately upon receipt and, if otherwise qualified, the license will be approved,' and the fee must be received before the license issues.
Unfair Claims Practices — and the Element New Hampshire Left Out
New Hampshire's unfair claim settlement practices live in RSA 417:4, XV, inside the Unfair Insurance Trade Practices chapter. RSA 417:3 supplies the flat prohibition: 'No person shall engage in this state in any trade practice which is defined in this chapter ... as an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.'
The chapeau of RSA 417:4, XV(a): 'Any of the following acts by an insurer, if committed without just cause and not merely inadvertently or accidentally, shall constitute unfair claim settlement practices.'
The enumerated practices include knowingly misrepresenting pertinent facts or policy provisions · failing to acknowledge and act promptly on communications · failing to adopt and implement standards for the prompt and reasonable investigation of claims · not attempting in good faith to effectuate prompt, fair and equitable settlements 'in which liability has become reasonably clear' · compelling claimants to litigate by offering substantially less than amounts ultimately recovered · a policy of appealing arbitration awards to force lower settlements · making any claim payment not accompanied by a statement setting forth the benefits included · failing to affirm or deny coverage within a reasonable time after proofs of loss · failure to maintain a complete record of all complaints.
And one that names you personally: 'knowingly underestimating the value of any claim by an insurer or by an adjuster representing the insurer.'
On complaint evidence: the number and type of complaints 'shall be admissible in evidence in an administrative or judicial proceeding' — but 'no insurer shall be deemed in violation of this section solely by reason of the numbers and types of such complaints.'
A single act violates. An adjuster trained in a general-business-practice state will assume a one-off error is safe here. It is not — what matters is whether it was inadvertent or accidental, and a deliberate lowball on one file is neither.
No Bad-Faith Tort, No UDAP Claim — and Real Exposure Anyway
New Hampshire is a rare state in which the two remedies an adjuster most expects to face do not exist — and the one that does exist is filed somewhere nobody looks.
No first-party bad-faith tort. Bell v. Liberty Mutual Insurance Co., 146 N.H. 190, 776 A.2d 1260 (2001): 'We also decline the plaintiff's invitation to overrule Lawton v. Great Southwest Fire Ins. Co., 118 N.H. 607 (1978), and recognize a tort claim for bad faith delay or refusal to settle a first-party insurance claim.'
No Consumer Protection Act claim either. Bell also held that 'the insurance trade is exempt from the Consumer Protection Act pursuant to RSA 358-A:3, I,' which exempts trade or commerce subject to the jurisdiction of the insurance commissioner.
But RSA 417 IS privately actionable — conditionally. RSA 417:19: 'When a supplier, in any action or proceeding brought by the insurance commissioner, has been found to be in violation of this chapter or has been ordered to cease and desist, and said finding or order has become final, any consumer claiming to be adversely affected ... may bring suit against said supplier to recover any damages or loss suffered.'
The private action is parasitic on a final Commissioner finding, not independent of it. So the common shorthand that New Hampshire has no private right of action under RSA 417 is imprecise — it has one, gated by the regulator.
And the gate closes against the consumer. RSA 417:19, II: failure of the commissioner to act within 120 days of receiving a complaint 'shall constitute a finding that the alleged act or practice is not in violation of this chapter,' appealable only under RSA 541.
A one-way fee shift — the insured recovers on prevailing, the insurer never does. This is New Hampshire's functional substitute for a bad-faith tort, and it is the single biggest reason a weak coverage denial is expensive here.
It sits in Title LI (Courts), not Title XXXVII (Insurance). An adjuster who searches only the insurance code will conclude — wrongly — that New Hampshire carries no fee exposure. Note the companion deadline in RSA 491:22, III: a coverage petition must be filed within 6 months after the pleading that raises the question.
The Clocks — and Why 'Days' Usually Means Working Days
New Hampshire's claim-handling rules are NH Admin Code chapter Ins 1000, 'Claim Settlement,' and they come in two parts split by line: Part Ins 1001 for all insurers except property and casualty, and Part Ins 1002 for property and casualty.
Ins 1002.03(a) states the default: 'Unless otherwise specified, all time periods referenced in this part shall be calendar days.' Then nearly every operative deadline in the part specifies otherwise.
Working-day clocks: commence investigation 5 working days from receipt of notice (1002.05(a)(1)) · acknowledge receipt 10 working days (1002.05(b)), with a written acknowledgment on request within 5 working days · reply to claims communications 10 working days (1002.04(b)) · respond to a Department inquiry 10 working days (1002.04(c)) · pay 5 working days from date of agreement, or 5 working days after receiving requested documentation (1002.05(d)).
Calendar-day clocks: the coverage decision — 'within 30 days from the receipt of the notice of claim' the insurer 'shall make a complete decision regarding coverage, acceptance, denial, or payment of a claim and communicate this to the insured or claimant' (1002.05(c)) — and the delay letter cycle, which requires a further letter 'within 30 days from the date of the delay letter ... and every 30 days thereafter.'
Two carve-outs on delay letters: none is required while the insurer awaits documentation it requested from the claimant, and none once 'either party has filed suit.' Suspected fraud is an acceptable stated reason in generic terms — a delay letter suffices 'if it indicates that the reason for the delay is that further investigation is needed to determine the validity of the claim.'
Ins 1002.12(a) constrains breach-of-condition denials: before concluding there is no coverage because the insured failed to comply with a policy obligation, the insurer must establish that the breach was material and 'document the basis for concluding that the breach is material in the claim file.'
And the two parts are not interchangeable. Part Ins 1001's fraud rule is the opposite of Part Ins 1002's: 1001.02(e) bars justifying a fraud-based delay 'unless the insurer has notified the department and has provided the department with specific reasons to support its suspicions.' Generic language will not do outside property and casualty.
The Consumer-Complaint Notice, and Its Three Triggers
Ins 1002.05(h) requires a notice 'in at least 12-point font bold type' giving the Insurance Department's consumer services address and its toll-free number, 1-800-852-3416.
It attaches to three things, and the second one is the surprise.
One — any denial in whole or in part. And the rule spells out that this includes denial 'on the basis of no coverage or that the amount of the loss is below the deductible.' A below-deductible letter is a denial for this purpose.
Two — any reservation of rights letter. In most states a reservation of rights is a coverage-preservation device that triggers nothing. In New Hampshire it triggers a consumer-complaint notice.
Three — second and subsequent delay letters. The first delay letter does not need it; every one after that does.
Ins 1002.06 adds content requirements around it: a denial must state 'the reason for the denial and any applicable policy provision upon which denial is based,' and every claim payment must state 'the reason for the payment and the date of loss.'
Ins 1002.05(i) bars waivers of these obligations, with one exception — a written, signed waiver of the 30-day delay-letter provision, retained in the claim file.
The Only State That Does Not Require Auto Liability Insurance
New Hampshire runs a financial responsibility scheme, not a compulsory insurance scheme. Proof is demanded only after a triggering event, never as a condition of driving or registering.
RSA 264:2 — on conviction of enumerated offenses (driving under the influence; failing to stop and report after an accident; homicide or assault arising out of driving; a second excessive-speed conviction; a second reckless driving conviction) the director may suspend 'unless and until such person gives and thereafter maintains proof of his financial responsibility in the future.'
RSA 264:3 — after an accident report the director shall suspend until security is furnished, unless the owner 'had in effect at the time of such accident ... a motor vehicle liability policy or motor vehicle liability bond.' That exemption is why a policy is the ordinary way of satisfying the scheme.
The Department's own consumer guide states it plainly: 'New Hampshire motor vehicle laws do not require you to carry auto insurance, but you must be able to demonstrate that you are able to provide sufficient funds to meet New Hampshire motor vehicle financial responsibility requirements in the event of an “at-fault” accident.'
When a policy IS written, the limits are 25/50/25 — $25,000 for bodily injury or death to one person, $50,000 subject to that limit for two or more, $25,000 for property damage. Both RSA 264:20 and RSA 259:61 carry the figures and they agree. RSA 264:20's Source note ends in 1981 — the numbers have not moved in 44 years.
Uninsured motorist coverage is mandatory and cannot be rejected on the primary policy. RSA 264:15, I bars issuance 'unless coverage is provided,' and it auto-matches: 'When an insured elects to purchase liability insurance in an amount greater than the minimum ... the insured's uninsured motorist coverage shall automatically be equal in amounts and limits to the liability coverage elected.' The written-rejection right exists only for umbrella or excess layers.
Medical payments coverage is mandatory too — RSA 264:16 requires at least $1,000 per person on any private passenger policy, covering 'only ... medical costs incurred during 3 years following the date the injuries are sustained,' not assignable to a provider, and a health carrier 'shall not coordinate benefits against medical payments coverage.'
'IF YOU SIGN THIS RELEASE YOU MAY FORFEIT YOUR RIGHT TO UNINSURED MOTORIST INSURANCE BENEFITS FROM YOUR OWN AUTOMOBILE INSURANCE POLICY. CONSULT WITH YOUR INSURANCE AGENT, YOUR AUTOMOBILE INSURANCE COMPANY, OR YOUR ATTORNEY BEFORE SIGNING.'
An adjuster who papers a New Hampshire bodily injury settlement without this language has a defective release. Note also RSA 264:15, II: where the tortfeasor's liability insurer is insolvent, UM must provide at least $25,000 of property damage coverage — limited by paragraph III to insolvency declared as of the accident date or within 3 years after it.
A Tie Recovers, and the 75 Percent Threshold Is Real Here
RSA 507:7-d: 'Contributory fault shall not bar recovery ... if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict.'
Two variables, both testable. The threshold is 'not greater than' — so a plaintiff at exactly 50% recovers, reduced by half. And the comparator is the defendants in the aggregate, not each defendant measured individually.
Burden: 'The burden of proof as to the existence or amount of fault attributable to a party shall rest upon the party making such allegation.'
RSA 507:7-e, I(b) then sets joint and several liability, 'except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint.' Note the asymmetry with the bar: a defendant at exactly 50% remains jointly and severally liable.
Total loss — RSA 261:22, VI: a total loss vehicle is 'either an unrecovered stolen vehicle or a damaged vehicle: (a) That is determined to be physically or economically impractical to repair in connection with an insurance claim settlement; or (b) For which the cost of repairing the vehicle is 75 percent or more of its fair market value prior to the vehicle being damaged, if the damage occurs during its model year or the 4 subsequent calendar years. The total cost of repairing the vehicle shall not include the cost of repairing, replacing, or reinstalling inflatable safety restraints, tires, or entertainment systems.'
Insurer duties: apply for a salvage certificate of title within 20 days of the total loss payment, fee $10 (RSA 261:22, II); an owner-retained-title route opens after 30 days (II-a); and failure to disclose on resale 'shall constitute an unfair or deceptive act or practice under RSA 358-A:2' (IV-a).
One: the 75% prong is an alternative to the impractical-to-repair prong, not the sole test. Two: it applies only within the model year plus 4 subsequent calendar years — an older vehicle is branded under prong (a) alone, with no percentage at all. Three: airbags, tires and entertainment systems come out of the repair-cost numerator, which can move a borderline vehicle off the threshold entirely.
Valuation methodology is in rule: Ins 1002.15 requires comparables from 'no fewer than 2 motor vehicles of the same make, model, and year ... within the previous 90 days within the local market area,' lets the insured rebut 'within 20 days of receipt of the settlement payment' with evidence from two reliable sources, and requires the insurer to provide 'a report which explains the basis for the valuation.'
New Hampshire's Own Fire Policy, and a Valued Policy Law
New Hampshire enacts its own standard fire policy as statutory text. RSA 407:1 names it 'the Standard Fire Insurance Policy for New Hampshire,' and RSA 407:2 makes use compulsory — no fire policy may be 'made, issued or delivered ... on any property in this state unless it shall conform to all the provisions of the policy form prescribed herein,' excepting motor vehicle, marine, inland marine and reinsurance.
The full policy text is enacted at RSA 407:22. Its Source note ends '2009, 215:3, eff. Jan. 1, 2010' — so the operative form is the RSA 407:22 form as last amended effective 1 January 2010. There is no edition year to quote, because the form is statute, not a bureau form.
Time to sue: 12 months from inception of the loss, set by the prescribed form itself: 'No suit or action on this policy ... shall be sustainable ... unless commenced within 12 months next after inception of the loss.' The trigger is the loss — not accrual, not denial, not proof of loss.
RSA 407:12 sets two more: 'The company shall begin the adjustment of the loss within 15 days after receipt of notice of loss,' and the amount 'shall be due and payable in 60 days after receipt by the insuring company of proof of loss.'
Other New Hampshire-specific content in the enacted form: vacancy suspension runs 'beyond a period of 60 consecutive days' · company cancellation takes 5 days' written notice, but a mortgagee gets 10 days' · proof of loss is due 'within 60 days after the loss' · appraisers are named 'within 20 days of such demand' with a 15-day umpire deadline · the repair-or-replace option must be elected 'within 30 days after the receipt of the proof of loss.'
Matching: there is no rule. No statute and no regulation requires matching of undamaged adjacent materials. The enacted form promises only repair or replacement 'with material of like kind and quality.'
Four scope limits, all of which matter: buildings only · total destruction only · fire or lightning only · specified-amount policies only, since blanket forms covering two or more buildings are expressly excluded. Partial losses stay on indemnity — 'the insured shall be entitled to the actual loss sustained not exceeding the sum insured' — and coinsurance survives.
Valued policy laws are widely assumed absent in the Northeast. Here the assumption is wrong. Corroboration: Ins 1002.09's total-loss valuation rules apply only where 'the provisions of RSA 407:11 do not apply.'
Cancellation and Nonrenewal — Split by Personal and Commercial
New Hampshire splits cancellation by personal versus commercial, not by property versus liability, and the two chapters are structured differently. All counts are calendar days — the phrase 'business days' appears in neither chapter.
Personal lines — RSA 417-B. Scope: 'policies of insurance other than automobile insurance and workers' compensation insurance on personal, family, and household risks located or residents in this state.'
RSA 417-B:4 carries ONE rule covering both cancellation and nonrenewal: 'The effective date shall be not 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 ... when' either of two conditions is met — paragraph (a), where the policy is being canceled or not renewed for nonpayment of premium; or paragraph (b), 'The policy is not a renewal policy and the cancellation notice is mailed or delivered within 90 days of the policy's effective date.' The notice must 'state the specific reason or reasons.' Last amended 2024, ch. 331 — the same act that rewrote § 402-B:2.
Commercial lines — RSA 417-C. Scope: 'fire, inland marine, multi-peril, casualty and liability policies,' excluding mortgage guaranty, surety, workers' compensation under RSA 281-A, and anything under RSA 417-A or 417-B.
Cancellation, RSA 417-C:2: 60 days — 'provided, however, that where cancellation is for nonpayment of premium or substantial increase in hazard, or the cancellation notice is ... delivered within the first 60 days of the effective date for new policies, at least 10 days' notice of cancellation shall be given.'
Grounds, RSA 417-C:1, are limited to nonpayment including audit premium; 'fraud or material misrepresentation affecting the policy or in the presentation of a claim thereunder, or violation of any of the terms or conditions of the policy'; and 'a change in the risk that substantially increases a hazard insured against.' Those grounds do not apply to a policy in effect less than 60 days unless it is a renewal.
Nonrenewal, RSA 417-C:3: 60 days in advance of expiration or the anniversary date — with a self-executing extension: 'renewal coverage shall be provided on the same terms and conditions as the expiring policy until the 60-day notice requirement has been fulfilled.' It does not apply to nonpayment.
The Guaranty Fund, and a Fraud Duty That Is Yours Personally
Cite the right chapter. There are two guaranty association acts. RSA 404-H:3 applies the 2004 act to insurers 'with orders of liquidation with findings of insolvency that are first entered after the effective date of this chapter' — 6 August 2004. RSA 404-B survives only for older insolvencies, and an adjuster citing it is almost always citing the wrong chapter.
Caps, RSA 404-H:8, I(a)(1): '(A) The full amount of a covered claim for benefits under workers' compensation insurance coverage. (B) An amount not exceeding $300,000 for other covered claims.' Always subject to the insolvent insurer's own policy obligation.
Unearned premium is inside the general definition and carries no separate sub-limit — RSA 404-H:5 defines a covered claim as 'an unpaid claim, including one for unearned premiums submitted by a claimant.' New Hampshire did not enact the model's $10,000 unearned-premium sub-cap.
Excluded from 'covered claim': '(1) Any amount awarded as punitive or exemplary damages; (2) Any amount sought as a return of premium under any retrospective rating plan,' plus reinsurer, insurer and pool subrogation and contribution claims.
Filing cut-off, RSA 404-H:8, I(a)(4): 'except in the case of a claim for benefits under workers' compensation coverage, a covered claim shall not include a claim filed with the association after the earlier of: (A) Thirty six months after the date of the order of liquidation; or (B) The final date set by the court for the filing of claims.'
The offense — RSA 638:20 — grades insurance fraud as a class A felony where the fraudulent portion exceeds $1,500, a class B felony over $1,000 but not more than $1,500, and a misdemeanor in all other cases. And its definition of 'insurer' includes 'any insurance company, health maintenance organization, or reinsurance company, or broker or agent thereof, or insurance claims adjuster' — so defrauding you is insurance fraud.
Immunity is conditional — RSA 417:28 protects a statement or action 'in the absence of fraud or malice' and only where 'necessary to supply information required pursuant to this section.'
And the fraud reporting duty is yours, personally. RSA 417:28 puts it on 'any person or entity regulated under title XXXVII' — not on 'the insurer.' Claims adjusters are licensed under RSA 402-B, which sits in Title XXXVII. Nobody is exempted. The clock is 60 days from having reason to believe fraud has been committed — not from denial, not from SIU referral, not from the close of investigation.
The Fraud Warning Is Mandatory — and the Wording Is Prescribed
States split three ways on fraud warnings: some require one, some expressly permit one, and some say nothing. New Hampshire requires one, and writes it for you.
RSA 402:82, I: 'All insurance claim forms shall contain the following statement: “Any person who, with a purpose to injure, defraud, or deceive any insurance company, files a statement of claim containing any false, incomplete, or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20.”'
The operative word is 'shall', and the statute supplies the exact wording, including the cross-reference to the criminal section.
Applications are a different answer entirely. RSA 402:82 imposes no fraud-warning requirement on applications. What it requires there is signatures, and only for three lines: no insurer or producer may accept an application for 'workers' compensation or life, accident and health insurance' without a producer signature (unless no producer is involved) and 'a written or electronic signature of the applicant.' Binders of 30 days or less are exempt, and property and casualty applications outside those lines are not covered at all.
And a missing warning does not help the fraudster: 'The lack of the information required by paragraphs I and II shall not constitute a defense against prosecution under RSA 638:20 or any other criminal statute.'
This is the shape the runbook keeps meeting: a secondary source that is confident, specific, correctly pin-cited, and wrong about the one thing that matters — whether the verb is may or shall. Read the section. A New Hampshire claim form issued without the prescribed statement is non-compliant, whatever the chart says.
Workers' Compensation — Compulsory Here, and on a Shorter Clock
Note the contrast with auto. New Hampshire does not require you to insure your car, but workers' compensation insurance is compulsory — the Department of Labor states that it is 'a type of insurance that all employers MUST provide.'
The rate formula, RSA 281-A:28. Where the employee's average weekly wage is 30% or less of the state AWW, compensation is 'the full amount of that employee's average weekly wage,' capped at 90% of after-tax earnings. Above 30%, it is '60 percent of that employee's average weekly wage or 30 percent of the state's average weekly wage, whichever is greater, but in no event shall weekly compensation exceed 150 percent of the state's average weekly wage rounded off to the nearest dollar.' Overall ceiling: 100% of after-tax weekly earnings.
The current figures, from the Department of Labor's own COMPENSATION RATES table, revised 10 June 2026: for injuries occurring on or after 1 July 2026, the maximum is $2,323.00 and the minimum is $464.66. The prior year — injuries on or after 1 July 2025 — was $2,309.00 / $461.74.
The date column is an INJURY date, not a payment date. RSA 281-A:28 fixes the maximum 'for the year in which the injury occurred,' so the rate attaches at injury and stays with that claim for its life.
Waiting period, RSA 281-A:22: nothing is paid 'for the first 3 days of disability unless the disability continues for 14 days or longer,' at which point the first three become payable.
The pay-or-deny deadline is 21 days, and it carries four consequences. RSA 281-A:42, I imposes a civil penalty 'of up to $2,500' on a carrier or self-insurer that fails, 'without sufficient cause ... within 21 days after notice of a claim has been received ... or 21 days from the date that benefits are due,' either to pay and file a memorandum, or 'to deny such compensation; to file a memorandum ...; and to make a copy of the memorandum available to the claimant.' The denial memorandum 'shall give a valid reason for the denial and shall advise the claimant of the right to petition the commissioner for a hearing.'
Then paragraph VI reaches you by name: a separate penalty of up to $2,500 falls on 'any insurance carrier, self-insurer, or claims adjusting company who fails to file either the memorandum of payment ... or the memorandum of denial ... in a timely manner.' Paragraph V adds interest to the employee from the date payment was due, and paragraph IV provides that for persistent noncompliance the insurance commissioner 'shall suspend or revoke such carrier's authorization to carry out the business of workers' compensation in this state.'
And RSA 281-A:63 has a first sentence nobody quotes. Everyone cites it for the 10/10 CE split. What it actually says first is that a carrier, self-insured employer or claims adjusting company handling New Hampshire comp claims 'shall utilize a claims adjuster licensed in New Hampshire and such claims adjuster shall maintain suitable facilities in this state.' That is a physical presence requirement — the sharpest limit on out-of-state comp adjusting anywhere.
Fee shifting is real too: RSA 281-A:44 gives a prevailing employee 'reasonable counsel fees and costs,' and even a late voluntary acceptance triggers them if the medical bill is accepted 'less than 7 business days prior to the date of the scheduled hearing.'
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