National Association of Mutual Insurance Companies

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New Hampshire: Senate Panel Approves Unfair Claim Practices Bill

The Senate Commerce, Labor and Consumer Protection Committee has approved legislation that would apply stringent consumer protection laws to insurance unfair claim practices.

Under existing New Hampshire law, the insurance industry and other highly regulated business sectors, such as securities, banks and public utilities, are exempt from the consumer protection law that enables plaintiffs to seek treble damages and attorneys fees. The bill, SB-188 would eliminate the exemption for unfair claims practices by insurers.

"This proposal would result in higher system costs, which would ultimately be passed onto consumers," noted Paul Tetrault, NAMIC’s Northeast state affairs manager. "However, the proponents have not made a case for why such a statutory change is warranted."

Tetrault noted that the New Hampshire Insurance Department has indicated it is opposed to the proposal both because it is unnecessary and would create a confusing situation regarding jurisdiction. NAMIC will support industry efforts to oppose the bill in the House of Representatives.

Direct questions to NAMIC State Affairs Manager Paul Tetrault.

Posted: Tuesday, April 17, 2007 12:00:00 AM. Modified: Tuesday, April 24, 2007 9:03:59 AM.

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