New Hampshire's insurance law is Title XXXVII of the Revised Statutes Annotated (RSA). Producer licensing is in RSA 402-J, unfair practices in RSA 417, and the Department's powers in RSA 400-A. Rules are in the Ins chapters of the New Hampshire Administrative Rules. General regulatory concepts are covered in the national Insurance Regulation guide. This guide covers New Hampshire's own rules, with citations. RSA 402-J is amended effective January 1, 2027, and this guide states the rules in force in 2026.

About the exam

New Hampshire's licensing exams have been given by PSI since July 1, 2025.

• Combined LAH and P&C exams are offered.
• New Hampshire also has separate laws-only exams (series 12-78, 12-79 and 12-80). For example, a CLU applying only for a Life license takes just the New Hampshire Life Laws and Regulations exam (12-78).
• The exam covers the lines sought, a producer's duties, and New Hampshire insurance law (RSA 402-J:5). The Commissioner may contract with an outside testing service to give it.
• An applicant who fails or misses an exam must reapply and pay the fees again before rescheduling.
• Applications use the NAIC uniform application and are filed through NIPR (402-J:6).
• Variable products authority requires:
  • a Life license
  • passing FINRA Series 63 or 66, or being a New Hampshire registered representative
  • a FINRA CRD number

The regulator

• The Insurance Department is an independent regulatory agency of state government (RSA 400-A:1).
• It's headed by the Insurance Commissioner. The commissioner is appointed by the Governor with the consent of the Executive Council for a five-year term and may be removed only as provided by RSA 4:1. A vacancy is filled for the rest of the term (400-A:3).
• The Commissioner has the sole authority to regulate the issuance and sale of life insurance, annuities and variable products (408:1).
• Examinations. Every domestic insurer is examined at least once every five years. Examiners may subpoena witnesses and take testimony under oath (400-A:37). The Department may examine a producer's records when it has reasonable grounds. If no violation is found, the Department pays for the exam.
• Investigations. Anyone transacting insurance must produce requested documents within 10 working days, or ask for more time within that period. The penalty is up to $5,000 per violation (400-A:16). The Commissioner refers criminal matters to the attorney general.
• Hearings. A request is due within 30 days after the person knew or should have known of the act. The initial hearing is held within 60 days (400-A:17).
• Administrative fines run up to $2,500 per violation (400-A:15).

Insurer types. A domestic insurer is organized in New Hampshire, a foreign insurer in another state, and an alien insurer outside the United States. A company needs a certificate of authority to transact insurance (402:12). The Commissioner may ask the superior court to rehabilitate or liquidate a troubled domestic insurer (402-C).

Producer licensing (RSA 402-J)

Definitions (402-J:2)

• A producer is anyone required to be licensed to sell, solicit or negotiate insurance.
• Solicit means attempting to sell, or urging a person to apply for a particular kind of insurance from a particular company.
• Negotiate means conferring with or advising a buyer about the substantive terms of a contract.
• The license itself gives no authority to bind an insurer.

Lines of authority (402-J:7)

• life, including annuities and endowments, and possibly AD&D and disability income
• accident and health, which may include disability income
• property, covering direct or consequential loss
• casualty, covering legal liability
• personal lines: P&C for individuals and families

Qualifications (402-J:6). Age 18. A business entity designates a licensed producer who holds all the entity's lines.

Who doesn't need a license (402-J:4). Salaried employees doing clerical work for no commission. A full-time employee advising only their own employer for no commission. Nonresidents placing multistate commercial P&C who are licensed where the insured has its principal place of business.

License term and renewal

• Individual licenses expire on the last day of the birth month. Business entity licenses expire May 31.
• A late renewal fee carries a penalty of double the unpaid fee.
• A license may be reinstated within 24 months of the renewal fee due date without an exam (402-J:7).
• Producers who can't comply because of military service or other extenuating circumstances may request a waiver.

Moving

• Into New Hampshire: apply within 90 days of establishing residence, with no exam for lines already held (402-J:9).
• Out of New Hampshire: file a change of address and certification from the new home state within 30 days (402-J:8).

Nonresidents are licensed on reciprocity. If the resident license ends, the New Hampshire nonresident license is deemed terminated unless a timely change of address is filed.

Temporary licenses (402-J:11) last up to 180 days without an exam. They're issued to service business after the death or disability of an entity's designated individual, for the designee of a producer entering military service, and in other public-interest cases. The Commissioner may require a sponsor.

Unlicensed activity is a class A misdemeanor for an individual and a felony for any other person, such as a business entity (402-J:3).

Continuing education (402-J:7-a; Ins 1300)

• 24 hours every two years. At least 3, and no more than 10, of those hours may be ethics.
• CE must be completed and certified at least 60 days before the renewal date.
• Passing the state exam satisfies the next renewal.
• A credit requires at least 50 minutes of classroom instruction, except self-study. Duplicate courses in the same period don't count.
• Nonresidents who meet their home state's CE are exempt.
• Flood course. P&C producers complete a one-time basic flood course, identified with a FEMA prefix, within one calendar year of getting P&C authority, whether or not they sell flood (Ins 1304). The certificate is kept indefinitely.
• Annuity course. Annuity sellers complete a one-time 4-credit course (Ins 305.06).

Appointments and agency relationships

• A producer acting as an insurer's agent must be appointed. The insurer files within 15 days of the agency contract or the first application (402-J:14).
• While appointed, the insurer is bound by the producer's acts within the producer's apparent authority.
• Terminations (402-J:15):
  • The insurer notifies the Commissioner within 15 days after the effective date, with or without cause.
  • Within 15 days after that, it mails the producer a copy. For-cause copies go by certified mail or overnight delivery.
  • The producer may file comments within 30 days.
  • Reports made without actual malice are immune.
• Ending an agency contract (402:15-c):
  • The insurer gives at least 90 days' written notice. During that time the agent can't bind new business without written approval.
  • The insurer must then renew the agent's business for one year at the same commission rate, with 60 days' notice for policies that don't meet underwriting.
• Direct billing can't be forced on an agent without the agent's written approval (402:15-b).
• An insurer discontinuing a line gives 120 days' notice to the Department and its agents (402:84).

Reporting and producer conduct

Premium trust accounts (Ins 4300; RSA 402:53)

• Premiums are received in a fiduciary capacity and must be kept in a premium trust account.
  • Checks must carry the notice "Premium Trust Account New Hampshire."
  • Funds can't go into personal or operating accounts or be sent by personal check.
  • A producer may leave some commission in the account to cover return commissions.
• Converting premiums is embezzlement.
• Return premiums are paid to the client within 15 days after the carrier determines them. Account records are kept at the producer's principal office.
• An insurer pays premium refunds within 30 days. A producer or other third party passes a refund on to the insured within 10 days (402:81).

Commissions and referrals

• Commissions go only to licensed persons. Renewal commissions may go to someone licensed at the time of sale (402-J:13).
• A referral fee may be paid to an unlicensed person only if it's no more than $25 and not tied to a purchase (402:16-b).

Controlled business (402:74). An agent shouldn't be licensed mainly to insure their own, employees', relatives' or owners' property. More than 10% of commissions from such business creates a presumption.

Discipline (402-J:12)

• Grounds include:
  • forgery
  • fraud
  • misappropriation
  • using notes on the exam
  • failing to follow a child support order
• Fines run up to $2,500 per violation.
• A denied applicant gets written reasons and may demand a hearing.
• Surrendering a license doesn't end the Commissioner's authority.

Unfair trade practices (RSA 417:4)

The listed practices

• Misrepresentation, including any incomplete comparison of policies.

• Twisting, which also violates 402:47. A knowing violation can bring a suspension or revocation of up to three years and a fine of up to $2,500.

• False advertising. The advertiser bears the burden of proving the ad is true.

• Defamation, boycott, coercion and intimidation, false financial statements, and stock or advisory board contracts used as inducements.

• Unfair discrimination. Insurers can't refuse or limit coverage solely because a person:

  • is a domestic abuse victim
  • is a living organ donor (life, LTC and disability income)
  • filled an opioid antagonist prescription meant for someone else
  • was canceled by another insurer

  Charging a higher premium solely on credit information is also unfair discrimination.

Rebating (417:4, IX)

• Banned. An insured who knowingly accepts a rebate also commits an unfair practice.
• Allowed:
  • promotional items worth $100 or less per consumer per year
  • free raffles open to non-policyholders, with no purchase required
  • value-added services offered fairly to all insureds

Lenders (417:4, XVI)

• They can't require a particular insurer or agent.
• They can't require property insurance above the value of the buildings.
• They can't demand the original policy at closing. They may require a binder.

Other practices

• Midterm limit reductions or premium increases without the insured's consent are unfair (417:4, XIV).
• Insurers keep records of all complaints, valid or not.
• HIV testing requires written consent on the state-approved form.

Penalties (417:10, 417:13)

• Up to $2,500 per act, plus license action.
• Instead of a penalty, the Commissioner may order restitution of an individual consumer's actual loss, generally up to $2,500. The consumer must waive other actions for that cause.
• Hearings are set at least 10 days after service (417:12).

Banks selling insurance (RSA 406-C)

• Employees must be licensed.
• Sales areas are kept apart from deposit-taking areas.
• Customers are told the product is not a deposit and not FDIC insured, and that buying it isn't a condition of credit.

Senior designations. Misleading use of senior-specific certifications or designations is an unfair practice (Ins 311.04).

Claims handling (RSA 417:4, XV; Ins 1001 and 1002)

• Notice to an appointed producer counts as notice to the insurer, unless the producer tells the claimant within 5 working days that it can't accept claims.
• A denial must state the reason and the policy provision in writing.
• Insurers may not refuse advance payments because the claimant hired an attorney.

Fraud

• Insurance fraud (RSA 638:20) is:
  • a class A felony above $1,500
  • a class B felony above $1,000 up to $1,500
  • a misdemeanor otherwise
• Claim forms must warn that filing a false claim with intent to defraud is subject to prosecution (402:82).
• The Department's insurance fraud investigation unit (417:23) has subpoena power and notifies the attorney general of crimes.
• People who report fraud are immune absent actual malice, and may recover attorney's fees (400-A:36-b).
• Insurers report suspicious fires of $1,000 or more to the state fire marshal (153:13-a).

Privacy (Ins 3000)

• Notices. An initial privacy notice is due when the customer relationship begins. Annual notices follow at least once every 12 consecutive months.
• Opt-out. A reasonable opt-out window is, for example, 30 days from mailing.
• Health information authorizations last no more than 24 months. They're not needed for claims handling, fraud detection or underwriting.

Rates, forms, surplus lines and residual markets

• Rate standards. Rates may not be excessive, inadequate or unfairly discriminatory. A market is presumed competitive unless the Commissioner finds otherwise after a hearing (412:13, 412:15).
• Rate filings. Personal risk rates are filed at least 30 days before use. Commercial rates are filed for information within 30 days after use (412:16).
• Forms have a 30-day waiting period (412:5).
• Surplus lines (405:24 to 405:29):
  • Placement only for coverage that can't be placed with admitted companies.
  • The policy is stamped to say the New Hampshire guaranty fund won't pay if the insurer fails.
  • Monthly statements are due by the 10th, and the tax is 3%.
• No FAIR plan. New Hampshire uses risk sharing plans under RSA 404-C for risks that can't get voluntary coverage.

Guaranty associations

Using either association to sell insurance is prohibited (408-F:19, 404-H:20).

Common exam traps

• The Commissioner is appointed by the Governor and Executive Council for five years.
• The vendor is PSI, since July 1, 2025.
• CE is 24 hours, with 3 to 10 ethics hours, due 60 days before renewal.
• Appointment filings and termination notices are each due in 15 days.
• Promotional gifts are allowed up to $100 per consumer per year. Referral fees are capped at $25.
• New Hampshire has no FAIR plan.