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PIANH 2016 legislative wrap-up
By Bradford J. Lachut, Esq.
New Hampshire’s 2015-16 legislative session has concluded. PIANH worked diligently during the session to ensure that the best interests of our members and their clients were represented throughout the legislative process. Notable legislation:
- H.B.1697 regulates the practice of ridehailing in the state of New Hampshire. The law addresses issues such as background checks, regulatory fees and, of course, insurance. Under the law, whenever a Transportation Network Company driver is logged on to receive hails, but not yet engaged in a prearranged ride, insurance must be in place to provide at least $50,000 for death and bodily injury per person; $100,000 for death and bodily injury per incident; and $25,000 for property damage, including the duty to defend. Once a TNC driver is engaged in a ride. The coverage requirements increase to at least $300,000 for death, bodily injury and property damage. When this bill was introduced it required coverage in the amount of one million dollars death, bodily injury and property damage when a TNC driver was engaged in a ride, the figure was lowered to $300,000 in order to encourage local TNC start-ups. Whether a TNC driver is engaged in a prearranged ride or not, the insurance coverage requirement may be satisfied either by the TNC driver, the TNC or some combination of both. Further, the bill provides that coverage under a motor vehicle insurance policy maintained by the TNC is not to be dependent on a TNC driver’s personal motor vehicle insurer first denying a claim. This law supersedes any local laws regulating the TNC industry.
- H.B.1410 modifies the applicability of certain motor vehicle insurance requirements. The most significant changes in this law broaden who is granted nonowned coverage in an auto policy. Under the new law, nonowned coverage is granted to residents of the named insured’s household. Previously, the statute required only the named insured and his or her spouse to be covered.
- H.B.1459 makes technical changes to RSA Section 412, which deals with commercial coverage. Among the changes is a requirement that carriers now file with the New Hampshire Insurance Department insurance commissioner their predictive models, telematics models or other models that pertain to the formulation of rates and/or premiums.
- H.B.1340 will add a new section to the Insurance Law pertaining to continuing legal education. Under the new law, producers now are required to complete 24 hours of continuing legal education instruction every two years. Of the 24 CE hours required, at least three, but no more than 10, hours must consist of courses approved for ethics credit. The exact same requirements for producer CE exist in regulation, but the Joint Legislative Committee on Administrative Rules requested that the New Hampshire Insurance Department add a specific CE component to the New Hampshire producer statute. 7/16
