New Hampshire

    XV. UNFAIR CLAIM SETTLEMENT PRACTICES BY INSURERS.
       (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:
          (1) Knowingly misrepresenting to claimants or insureds pertinent facts or policy provisions relating to coverages at issue;
          (2) Failing to acknowledge and act promptly upon communications with respect to claims arising under insurance policies;
          (3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
          (4) Not attempting in good faith to effectuate prompt, fair and equitable settlements or compromises of claims in which liability has become reasonably clear;
          (5) Compelling claimants to institute litigation to recover amounts due under insurance policies by offering substantially less than the amounts ultimately recovered in actions brought by them;
          (6) Adopting or making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
          (7) Attempting settlement or compromise of a claim on the basis of an application which was altered without notice to, or knowledge or consent of the insured;
          (8) Attempting to settle or compromise a claim for less than the amount which the insured had been led to believe the insured was entitled to by written or printed advertising material accompanying or made part of an application;
          (9) Attempting to delay the investigation or payment of claims by requiring an insured and the insured's physician to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
          (10) Making any claim payment not accompanied by a statement setting forth the benefits included within the claim payment;
          (11) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss forms have been submitted;
          (12) Refusing payment of a claim solely on the basis of an insured's request to do so without making an independent evaluation of the insured's liability based upon all available information;
          (13) Failure of an insurer to maintain a complete record of all complaints which it has received, whether or not they were deemed valid, the time it took to process the complaint, and the disposition thereof and file an annual report thereof with the insurance department.
       (b) Evidence as to numbers and types of complaints to the insurance department against an insurer, and said department's complaint experience with other insurers writing similar lines of insurance, shall be admissible in evidence in an administrative or judicial proceeding brought under this title, provided that no insurer shall be deemed in violation of this section solely by reason of the numbers and types of such complaints.

more>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm

Unfair Trade Practices Act

417:4 Unfair Methods, Acts, and Practices Defined. – The following are hereby defined as unfair methods of competition and unfair and deceptive acts and practices in the business of insurance:
    I. MISREPRESENTATIONS. Misrepresenting, directly or indirectly, in the offer or sale of any insurance or in connection with any inducement or attempted inducement of any insured or person with ownership rights under an issued insurance policy to lapse, forfeit, surrender, assign, effect a loan against, retain, exchange, or convert the policy, by:
       (a) Making, issuing, circulating, or causing to be made, issued or circulated any estimate, illustration, circular, or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages therein or the dividends or share of surplus to be received thereon;
       (b) Making any incomplete comparison of insurance policies;
       (c) Making any false or misleading representation as to the dividends or share of surplus previously paid on similar policies;
       (d) Making any false or misleading representation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates;
       (e) Using any name or title of any policy or class of policies misrepresenting the true nature thereof;
       (f) Employing any device, scheme, or artifice to defraud;
       (g) Obtaining money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it was made, not misleading; the burden of establishing truthfulness or completeness shall be upon the party stating or omitting to state a material fact; or
       (h) Engaging in any other transaction, practice, or course of business which operates as a fraud or deceit upon the purchaser, insured, or person with policy ownership rights.
    II. MISREPRESENTATION IN INSURANCE APPLICATIONS OR TRANSACTIONS. Making false or fraudulent statements or representations on or relative to an application for insurance, for the purpose of obtaining a fee, commission, money or benefit from an insurer, agent, or individual.
    III. FALSE INFORMATION AND ADVERTISING GENERALLY.
       (a) Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to any insurer, its financial condition, or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon or with respect to any person in the conduct of such person's insurance business, which is untrue, incomplete, deceptive, or misleading.
       (b) The burden of establishing truth and completeness shall be on the person making, publishing, circulating or placing said advertisement, announcement, or statement before the public.
    IV. DEFAMATION. Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false or maliciously critical of or derogatory to the financial condition of an insurer, and which is calculated to injure any person engaged in the business of insurance.
    V. BOYCOTT; COERCION AND INTIMIDATION.
       (a) Entering into any agreement to commit or by any concerted action committing any act of boycott or individually or by any concerted action entering into any agreement to commit or committing any act of coercion or intimidation resulting or tending to result in unreasonable restraint of, or a monopoly in, the business of insurance.
       (b) Except as contained in the policy no insurer, corporation, partnership, or individual shall make any contract or agreement with any person insured or to be insured except as initiated by or agreed to by the person insured or to be insured that the whole or any part of the insurance which is subject to the provisions of this title, shall be placed by any particular corporation, partnership, or individual or be written by or in any particular company or insurer, or by or in any group of companies or insurers or by any agent or group of agents. Any contracts made in contravention of this section shall be null and void.
    VI. FALSE FINANCIAL STATEMENTS. Knowingly filing with any supervisory or other public official or knowingly making, publishing, disseminating, circulating, or delivering to any person; or knowingly placing before the public, or causing directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer; or knowingly making any false entry in any book, report, or statement of any insurer or knowingly misleading any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs or knowingly omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
    VII. STOCK OPERATIONS AND ADVISORY BOARD CONTRACTS. Issuing or delivering, or permitting agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any common-law corporation, or securities or any special or advisory board contracts or other contracts of any kind promising returns and profits as an inducement to insurance.
    VIII. UNFAIR DISCRIMINATION.
       (a) Making or permitting any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract.
       (b) Making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatsoever.
       (c) Making any unreasonable distinction or discrimination between persons as to the policy, premiums, or rates charged for policies upon the lives or health of such persons, or in any other manner whatever; demanding or requiring by an insurer a greater premium from any person than is at that time required by such insurer from persons of the same age, sex, general condition of health and prospect of longevity; making, or requiring any rebate, diminution, or discount upon the amount to be paid on such policy in case of death of such person insured; inserting in the policy any condition, making any stipulation whereby such person insured shall bind oneself or one's heirs, executors, administrators and assigns to accept any sum less than the full amount of value of such policy in case of a claim accruing thereon by reason of the death or disability of such person insured, other than such as are imposed on persons in similar cases. Any such stipulations or conditions so made or inserted shall be void.
       (d) Making or permitting any unfair distinction or discrimination in any contract of insurance or annuity contract.
       (e) Refusing to insure risks solely because of age (except in the case of life, accident or health insurance), place or area or residence, race, color, creed, national origin, ancestry, marital status, lawful occupation including the military service (except in the case of life, accident or health insurance), of anyone who is or seeks to become insured or solely because another insurer has refused to write a policy, or has cancelled or has refused to renew an existing policy in which that person was the name insured or solely because the insured does not insure collateral business with the insurer. The exemption in this subparagraph shall not permit a mortgage life insurance policy or certificate to cease, cancel or terminate solely on the basis of the mortgagor's age, until the mortgagor has reached the age of 80.
       (f) Refusing to insure or to continue to insure, or limiting the amount, extent or kind of coverage available solely because the applicant who is also the proposed insured has been or may become the victim of domestic abuse or violence. Nothing in this subparagraph shall prohibit an insurer from underwriting a risk on the basis of the physical or medical history or condition of the proposed insured, or other relevant factors relating to the proposed insured, at the time of application regardless of the underlying cause of the condition and in accordance with subparagraph (a) of this paragraph. No insurer shall be held criminally or civilly liable for any cause of action which may result from compliance with this subparagraph.
       (g) Charging a higher premium for private passenger automobile or homeowner insurance solely on the basis of information obtained from a credit rating, a credit history, or a credit scoring model.
    IX. REBATES.
       (a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of insurance or agreement as to such contract other than as plainly expressed in the contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract; or giving, or selling, or purchasing or offering to give, sell, or purchase as inducement to such insurance or annuity or in connection therewith any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not specified in the contract.
       (b) Nothing in paragraphs VIII or IX(a) shall be construed as including within the definition of discrimination or rebates any of the following practices:
          (1) Paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the company and its policyholders;
          (2) In the case of life insurance policies issued on the industrial debit plan making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expenses;
          (3) Readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year;
          (4) Issuing insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class;
          (5) Issuing policies on a salary saving, payroll deduction, preauthorized, postdated, automatic check or draft plans at a reduced rate commensurate with the savings made by the use of such plan;
          (6) Paying commissions or other compensation to duly licensed agents or brokers, or allowing or returning to participating policyholders, members or subscribers, dividends, savings, or unabsorbed premium deposits;
          (7) Paying by an insurance agent of part or all of commissions on public insurance to a nonprofit association of insurance agents, which is affiliated with a recognized state or national insurance agents' association, to be used in whole or in part for one or more civic enterprises;
          (8) Reduction of premium rate for policies of large amounts, but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts.
       (c) Knowingly receiving or accepting, directly or indirectly, any rebate of premium or part thereof, or agents, or brokers commission thereon payable on any policy of insurance or annuity contract or any favor or advantage, a share in the dividend, or other benefit to accrue thereon, or receiving anything of value as an inducement to such insurance or contract or in connection therewith which is not specified, promised, or provided for in the policy or contract, except as provided in paragraph IX(b).
       (d) Nothing in this chapter shall be construed as including within the definition of securities as inducement to purchase insurance, the selling or offering for sale, contemporaneously with life insurance or annuities, of mutual fund shares or face amount certificates of regulated investment companies under offerings registered with the securities and exchange commission and the state of New Hampshire pursuant to RSA 421-B where such shares or such face amount certificates or such insurance or annuities may be purchased independently of and not contingent upon purchase of the other, at the same price and upon the same terms and conditions as were purchased independently.
    X. TITLE INSURANCE COMMISSIONS, REBATES AND DISCOUNTS. Paying, allowing, or permitting commissions, rebates, or discounts to any person having an interest in or lien upon real property, which is the subject of the title insurance involved, or to any person acting for or on behalf of a person with such an interest or lien.
    XI. POLITICAL CONTRIBUTIONS. Directly or indirectly, paying, using, or offering, or consenting or agreeing to pay or to use by any insurer any money or property for or in aid of any political party, committee, or organization, or for or in aid of any corporation, joint stock or other association organized or maintained for political purposes, or for or in aid of any candidate for political office or for nomination for such office, or for any political purpose whatever, or for the reimbursement or indemnification of any person for money or property so used.
    XII. COLLECTING PROPER PREMIUM. Knowingly collecting as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the commissioner, except a premium finance charge, consultant's fee, policy fee, and/or service fee as allowed by law or regulation; or, in cases where classifications, premiums, or rates are not required by this title to be so filed and approved, such premiums and charges shall not be in excess of or less than those specified in the policy and as fixed by the insurer. This provision shall not be deemed to prohibit the charging and collecting, by surplus line brokers of the amount of applicable state and federal taxes in addition to the premium required by the insurer. Nor shall it be deemed to prohibit the charging and collecting, by an insurer, of amounts actually to be expended for medical examination of an applicant for insurance or for reinstatement of an insurance policy. Nor shall it be deemed to prohibit the charging or collecting by an insurance agent or broker of a reasonable service charge or fee as may be determined by regulation.
    XIII. SEPARATE CHARGE FOR INSURANCE. Arranging or participating in any plan to offer or effect in this state as an inducement to the purchase or rental by the public of any property or services, any insurance for which there is no separate charge to the insured. This section does not apply to:
       (a) Insurance offered as a guarantee of the performance of goods, and designed to protect the purchasers or users of such goods;
       (b) Title insurance;
       (c) Towing and labor services of motorist service clubs.
    XIV. COVERAGE REDUCTION. Reduction by an insurance company authorized to do business in this state of liability limits or increasing premiums on any policy during its term, without the consent of the insured.

more>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm

Imitation Crash Parts Regulations

407-D:1 Definitions. – In this chapter:
    I. "Insurer' includes any person authorized to represent the insurer with respect to a claim who is acting within the scope of the person's authority.
    II. "Non-original manufacturer' means any manufacturer other than the original manufacturer of the part.
    III. "After market part' means sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/407-D/407-D-1.htm

407-D:2 Identification. – All after market parts manufactured after January 1, 1989, shall carry sufficient permanent identification so as to identify its manufacturer. Such identification shall be accessible to the extent possible after installation.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/407-D/407-D-2.htm

407-D:3 Like Kind and Quality. – No insurer shall require the use of after market parts in the repair of an automobile unless the after market part is at least equal in like kind and quality to the original part in terms of fit, quality and performance. Insurers specifying the use of after market parts shall consider the cost of any modifications which may become necessary when making the repair.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/407-D/407-D-3.htm

407-D:4 Disclosure. – The insurer shall disclose to the claimant in writing, either on the estimate or on a separate document attached to the estimate, the following information in no smaller print than 10 point type:
This estimate has been prepared based on the use of automobile parts not made by the original manufacturer. Parts used in the repair of your vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.
All after market parts installed on the vehicle shall be clearly identified on the estimate of such repair.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/407-D/407-D-4.htm

407-D:5 Enforcement. –
I. Any violation of this chapter by an insurer shall be deemed an unfair insurance trade practice under RSA 417. Insurers violating any provision of this chapter shall be subject to penalties under RSA 417:10.
II. Any violation of this chapter by a manufacturer shall be deemed an unfair or deceptive act or practice within the meaning of RSA 358-A:2 and may be enforced by the attorney general pursuant to RSA 358-A.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/407-D/407-D-5.htm

Anti-Steering Regulations

XX. COERCION IN REQUIRING CERTAIN AUTOMOBILE OR GLASS REPAIR.
       (a) No insurance company, and no agent or adjuster for such insurance company, that issues or renews in this state any policy of insurance covering, in whole or in part, motor vehicles shall require any insured person or entity under that policy to use a particular company or location for the providing of automobile glass replacement or automobile repair services or products insured in whole or in part by that policy.
       (b) No such insurance company, agent or adjuster shall engage in any act or practice of intimidation, coercion, threat, for or against any such insured person or entity to use such a particular company or location to provide such services or products.
       (c) Nothing shall prohibit any insurance company, agent or adjuster from providing to such insured person or entity the name of an automobile glass company or automobile repair company with which arrangements may have been made with respect to automobile glass or repair prices or services. If a name is provided, there must be disclosure by the insurance company, agent or adjuster to the insured person or entity that any other automobile glass company or automobile repair company or location may be used at the discretion of the insured person or entity. However, the insurer may limit payment for such work based on the fair and reasonable price in the area by repair shops or facilities providing similar services with the usual and customary guarantees as to materials and workmanship. If an independent repair shop or facility and an insurer are unable to agree on a price, then for the purposes of this section "fair and reasonable price' shall mean the price available from a recognized, competent and conveniently located, independent repair shop or facility which is willing and able to repair the damaged automobile within a reasonable time.

more>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm

Timely Notification

(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:

(2) Failing to acknowledge and act promptly upon communications with respect to claims arising under insurance policies;
(3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;

more>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm
Timely Payment

(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:

(4) Not attempting in good faith to effectuate prompt, fair and equitable settlements or compromises of claims in which liability has become reasonably clear;
(5) Compelling claimants to institute litigation to recover amounts due under insurance policies by offering substantially less than the amounts ultimately recovered in actions brought by them;

updates>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm
False & Misleading Advertising

The following are hereby defined as unfair methods of competition and unfair and deceptive acts and practices in the business of insurance:

III. FALSE INFORMATION AND ADVERTISING GENERALLY.
(a) Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to any insurer, its financial condition, or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon or with respect to any person in the conduct of such person's insurance business, which is untrue, incomplete, deceptive, or misleading.
(b) The burden of establishing truth and completeness shall be on the person making, publishing, circulating or placing said advertisement, announcement, or statement before the public.

more>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm

False Use of Insurer’s Name

The following are hereby defined as unfair methods of competition and unfair and deceptive acts and practices in the business of insurance:

(e) Using any name or title of any policy or class of policies misrepresenting the true nature thereof;

more>> http://gencourt.state.nh.us/rsa/html/XXXVII/417/417-4.htm

Total Losses

261:22 Dismantling or Destruction of Vehicle. –
II. Any insurance firm or representative thereof who shall declare a motor vehicle other than an exempt vehicle as provided in RSA 261:3 as having been a total loss shall make application for a salvage certificate of title within 20 days of the total loss payment. Such application shall be accompanied by:
       (a) Any certificate of title;
       (b) Any other information and documents the director reasonably requires to establish ownership of the vehicle and the existence or nonexistence of security interest in it; and
       (c) The required fee of $10.
    III. The department shall file each application received and when satisfied as to its genuineness and regularity and when satisfied that the applicant is entitled to the issuance of a salvage certificate of title shall issue a salvage certificate of title of the vehicle to the owner. The salvage certificate of title shall serve as proof of ownership and shall contain a legend indicating that the vehicle has been declared a total loss. The department may adopt rules relative to the circumstances, if any, under which a salvage certificate of title should reflect any legend pertaining to recovered theft.
    IV. If a vehicle upon which a salvage certificate of title has been issued by the department after the vehicle has been declared a total loss because physically or economically impractical to repair is rebuilt and restored for highway operation, the owner shall not apply for title or registration again until the vehicle has been inspected by the director or his authorized representative. The inspection of the vehicle shall include verification of the vehicle identification number and bills of sale or titles for major component parts used to rebuild the vehicle. The department shall also issue a decal bearing the legend "salvage vehicle' which the title bureau investigator shall affix to the vehicle on the rear of the left front door post. Each "salvage vehicle' decal shall include a statement indicating that removing the decal or causing the decal to be removed is a misdemeanor under RSA 261:22, V.

VI. For purposes of this section, a total loss vehicle shall mean either an unrecovered stolen vehicle or one which has sustained damage or injury so extensive that it is physically or economically impractical to repair.

update>> http://gencourt.state.nh.us/rsa/html/xxi/261/261-22.htm

Consumer Sales Practices Acts

382-A:2-201 Formal Requirements; Statute of Frauds. –
    (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.
    (2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received.
    (3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable
       (a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
       (b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or
       (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Sec. 2-606).

update>> http://gencourt.state.nh.us/rsa/html/XXXIV-A/382-A/382-A-2-201.htm

    382-A:2-206 Offer and Acceptance in Formation of Contract. –
    (1) Unless otherwise unambiguously indicated by the language or circumstances
       (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
       (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
    (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

update>> http://gencourt.state.nh.us/rsa/html/XXXIV-A/382-A/382-A-2-206.htm

Consumer Auto Repair Practices Acts

358-D:2 When Written Estimate Required. – Upon the request of any customer, a motor vehicle repair facility shall provide a written estimate to the customer in advance of performing any service or repair work. The written estimate shall contain:
    I. An itemization of the service or repair work to be performed;
    II. An estimated price for labor and parts necessary to complete the work; and
    III. An estimated completion date.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-2.htm

358-D:3 Authorization to Proceed. – A motor vehicle repair facility shall not perform any service or repair work set forth in the written estimate unless it receives the written permission of the customer to proceed; provided, however, that if it is impracticable to give the customer a written estimate or obtain his written permission to proceed, the motor vehicle repair facility may orally advise the customer of the items contained in the written estimate and obtain his oral permission to proceed.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-3.htm

358-D:4 Additional Service or Repair Work. – If additional service or repair work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, a motor vehicle repair facility shall notify the customer of the estimated cost of such additional work and receive his written or oral permission to proceed before performing the work.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-4.htm

358-D:5 Effect of Exceeding the Estimate. – Upon the completion of any service or repair work for which an estimate has been given, a motor vehicle repair facility shall not charge the customer any amount which exceeds the estimate by 10 percent without his written consent.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-5.htm

358-D:6 Service or Repair Delay. – A motor vehicle repair facility is not liable for breach of the written estimated completion date for service or repair work if the delay is caused by:
    I. An act of God;
    II. Strike;
    III. Unexpected illness;
    IV. Unexpected shortage of labor or parts; or
    V. Unavailability of customer to give permission to perform additional service or repair work.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-6.htm

358-D:7 When Written Estimate Not Required. – A motor vehicle repair facility shall not be required to provide a written estimate to a customer if the facility does not agree to perform the service or repair work; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any customer to waive his right to an estimate as a condition to performing any service or repair work.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-7.htm

358-D:8 Service or Repair Work Where Estimate Not Requested. – Notwithstanding RSA 358-D:2-7, if a customer does not request that an estimate be provided, a motor vehicle repair facility shall not perform any service or repair work on any motor vehicle for the customer unless such work has been authorized by the customer.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-8.htm

358-D:9 Return of Replaced Parts. – With the exception of parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, all parts which have been replaced on a motor vehicle by a motor vehicle repair facility shall be returned to the customer if the customer has requested, in advance of the work being performed, that the parts be returned to him.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-9.htm

358-D:10 Required Work Invoice. –
    I. Upon completion of any service or repair work for which a charge is made, a motor vehicle repair facility shall prepare an invoice which itemizes:
       (a) All work that the motor vehicle repair facility has performed;
       (b) All work that any subcontractor has performed;
       (c) All parts supplied having a value in excess of $.50 and the retail cost of each such part; and
       (d) The number of hours, or portion thereof, of labor charged in performing the work and the retail cost of such labor.
    II. The invoice shall state clearly whether or not the motor vehicle repair facility will guarantee the work and, if so, the terms of the guarantee and the period for which it will be in effect.
    III. The invoice shall state clearly if any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts.
    IV. A motor vehicle repair facility shall be responsible for any service or repair work performed by a subcontractor in the same manner as if the work had been performed by the facility.
    V. The motor vehicle repair facility shall give the customer a copy of the invoice and shall retain a copy as a business record for one year.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-10.htm

358-D:11 Notice Requirements. – Each motor vehicle repair facility shall conspicuously post a notice of no fewer than 6 square feet on the premises of the facility for the purpose of advising any customer of his rights under this chapter. The notice shall contain the following information:
    I. The motor vehicle repair facility must provide to any customer upon request a written estimate for service or repair work to be performed and cannot proceed to perform such work unless written or oral authorization is obtained;
    II. If additional repair or service work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, it must notify the customer of the estimated cost of such additional repairs and obtain his written or oral permission to proceed;
    III. The customer cannot be charged any amount which exceeds the estimate for the original or additional work by 10 percent without his written consent;
    IV. The motor vehicle repair facility is not required to give a written estimate if it does not agree to perform the service or repair work. However, the facility is prohibited from engaging in any conduct which will cause a customer to waive his right to an estimate as a condition to performing any service or repair work;
    V. Even where a customer has not requested an estimate, the motor vehicle repair facility is not permitted to perform any service or repair work without his authorization;
    VI. The customer has a right to a return of all replaced parts, except those parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, if he requests that they be returned to him prior to the service or repair work being performed;
    VII. The customer must be provided with an invoice for any service or repair work performed which itemizes all work performed, all parts supplied having a value in excess of $.50 and all labor charged and states whether or not any guarantee exists, and if so, its terms and the period for which it will be in effect;
    VIII. A motor vehicle repair facility which fails to comply with any of these requirements is not entitled to any payment whatsoever for any service or repair work performed which was not authorized by the customer; and
    IX. Any complaint concerning a failure of a motor vehicle repair facility to comply with these requirements should be filed with the Attorney General, Department of Justice, State House Annex, Concord, New Hampshire 03301. The attorney general may, in his discretion, approve any notice which substantially complies with the requirements of this paragraph.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-11.htm

358-D:12 Remedies. –
    I. Any violation of any provision of this chapter is an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right or remedy set forth in RSA 358-A may be used to enforce the provisions of this chapter.
    II. Except as provided in paragraph III of this section, any motor vehicle repair facility which violates any provision of this chapter with respect to any service or repair work performed on a motor vehicle for any customer shall not be entitled to any payment whatsoever for such work.
    III. A motor vehicle repair facility shall be entitled to payment for service or repair work performed on a motor vehicle to the extent such work was authorized by the customer pursuant to this chapter. The burden of proving such work was so authorized shall rest on the motor vehicle repair facility.
    IV. Payment, by any customer, of charges presented by a motor vehicle repair facility for service or repair work performed shall not be construed as a waiver of any right set forth in this chapter.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/358-D/358-D-12.htm

Telemarketing laws

359-E:2 Registration. –
    I. Any person intending to use an automatic telephone dialing system for solicitation in this state shall, at least 10 business days prior to using the system, register with the consumer protection and antitrust bureau of the department of justice the information required by RSA 359-E:3, and, if the registrant is a solicitor, as that term is used in RSA 7:28-c, the information required by RSA 7:28-c. At the time of filing, the registrant shall also pay to the department an annual non-proratable administrative fee of $20 for the calendar year.
    II. The registrant shall be responsible for providing timely identification and automatic disconnect in accordance with RSA 359-E:4 and 359-E:5. Calls pertaining to an interest in real estate shall comply with the disclosure requirements of RSA 356-A and 356-B.
    III. All transmissions shall be randomly generated in unequal intervals, and shall not infiltrate any emergency lines, such as police, fire, or ambulance lines, which are either 911 circuits or 7-digit telephone numbers designated as emergency lines.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/359-E/359-E-2.htm

359-E:4 Dialer Disconnect. – Any automatic telephone dialing system used in this state shall be operated so that the system will automatically disconnect or release within 30 seconds after the called party hangs up.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/359-E/359-E-4.htm

359-E:5 Identification. – Any solicitation message made through the use of an automatic telephone dialing system shall disclose immediately after telephone contact:
I. The name of the person, company, or organization making the call.
II. The purpose of the call and the goods or services being offered, if any.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/359-E/359-E-5.htm

359-E:5-a Blocking Prohibited. – No person using an automated telephone dialing system or any other method for solicitation in this state shall use any method, including per-call blocking or per-line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a residential telephone subscriber from being shown by a device capable of displaying caller identification information. The caller identification information displayed shall contain a telephone number at which the telephone solicitor may receive telephone calls if the telephone solicitor leaves a message on a telephone answering device or uses an automatic telephone dialing system that plays a recorded message when a connection is completed to a telephone number.

update>> http://gencourt.state.nh.us/rsa/html/XXXI/359-E/359-E-5-a.htm

Home Sales Act

361-B:1 Definition. – "Home solicitation sale' means a sale of goods or services, priced at $25 or more, in which a seller, a seller's representative, or a person acting for a seller engages in a solicitation and sale at any place other than a permanent place of business of the seller. A cash or credit sale so consummated shall be deemed to be a home solicitation sale.

update>> http://gencourt.state.nh.us/rsa/html/XXXIII-A/361-B/361-B-1.htm

361-B:2 Notice. –
    I. At the time of any home solicitation sale, the seller shall furnish the buyer with a fully completed receipt and a copy of any contract or agreement pertaining to such sale at the time of its execution which shall show the name and address of the seller, the date of transaction and contain in immediate proximity to the space reserved in the contract, agreement or receipt for the signature of the buyer, in boldface type of a minimum size of 10 points, a statement in substantially the following form:
       "ANY BUYER MAY CANCEL THIS TRANSACTION ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.'
    The buyer may cancel by written notice mailed to the seller, preferably by certified or registered letter, or he may cancel by returning the merchandise in person within the cancellation period.
    A home solicitation sale contract agreement or receipt which contains the notice of cancellation forms and content provided in the Federal Trade Commission trade regulation rule providing a cancellation period for door-to-door sales shall be deemed as complying with the requirements of RSA 361-B:2, I, so long as the Federal Trade Commission language provides at least equal information to the consumer concerning his right to cancel as is required by this chapter.
       (a) A home solicitation sale shall be deemed to be in compliance with the requirements of RSA 361-B:2, I, if the seller guarantees that (1) The buyer may at any time: (i) cancel the order, or (ii) refuse to accept the goods when delivered without incurring any obligation to pay for them, or (iii) return the goods to the seller and receive a full refund for any amount the buyer has paid, and (2) the buyer's right to cancel the order, refuse delivery or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the sales ticket, receipt or contract.
       (b) In the event the buyer cancels, the seller must return to the buyer within 15 days of the cancellation: (1) any payments made, (2) any goods or other property, received as a trade-in (or a sum equal the trade-in allowance given therefore), and (3) any note or other evidence of indebtedness given by the buyer to the seller pursuant to or in connection with the sale.
       (c) After cancellation, provided the seller has returned to the buyer all payments, goods (or their trade-in value), other property, notes or any other evidence of indebtedness, the seller is then entitled to receive within the same 15 day period, in substantially the same condition as delivered, any goods, merchandise or other property which was received by the buyer from the seller.
    II. In the event the buyer cancels and the seller does not comply with the provisions of RSA 361-B:2, I(b) within the 15 days specified therein, the seller shall be deemed in violation of this section. In the event the buyer does not comply with RSA 361-B:2, I(b), the seller shall have the right to legal recourse to recover his property.
    III. Notwithstanding paragraphs I and II, the buyer and seller, upon mutual agreement, may negotiate for repair, replacement, substitution or credit allowance during the 15 day period. If the seller agrees to negotiate, the buyer's right to cancel as stated in paragraphs I and II shall remain in effect during any negotiations made under the provisions of this paragraph.
    IV. It shall be the responsibility of the seller to either call for the merchandise at the point of delivery, or request return by mail or other transportation at the seller's expense. It shall be the buyer's responsibility to cooperate in the exchange of properties when cancellation is requested.
    V. If the seller has made no effort to recover his property after 90 days following the sale of the property, it shall become the buyer's property without further obligation of any kind.

update>> http://gencourt.state.nh.us/rsa/html/XXXIII-A/361-B/361-B-2.htm

361-B:2-a Disclosure; Exceptions. –
    I. Except as provided by paragraph II, any person selling or offering for sale any consumer good or service that states a post office box address, a street address representing a site used for the receipt or delivery of mail, or a telephone number representing a telephone answering service in its advertising, solicitations, or promotional materials, including order blanks and forms, shall clearly and conspicuously disclose in such advertising, solicitations, and promotional materials:
       (a) The legal name under which business is done;
       (b) A complete street address from which business actually is conducted; and
       (c) A telephone number for customer inquiries and complaints.
    II. The disclosures required under paragraph I shall not be required of any person who:
       (a) Sells retail goods and services from trade premises which are open to the public regularly during normal business hours; or
       (b) Conducts business where the post office box, street address representing a site used for the receipt or delivery of mail, or telephone answering service is ancillary to the sales made; or
       (c) Provides services pursuant to a legal license or under the authority of a state board or agency, a city, town, or county in this state, except for a person conducting a mail order or catalog business, provided the licensing body maintains on record such person's current business street address or home address and provides that address to persons upon request.

update>> http://gencourt.state.nh.us/rsa/html/XXXIII-A/361-B/361-B-2-a.htm

361-B:3 Remedies. –
I. Any violation of the provisions of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy or power set forth in RSA 358-A, including those set forth in RSA 358-A:4, II, may be used to enforce the provisions of this chapter.
II. The rights, obligations, and remedies provided in this chapter shall be in addition to any other rights, obligations, or remedies provided for by law or in equity.

update>> http://gencourt.state.nh.us/rsa/html/XXXIII-A/361-B/361-B-3.htm

Licensing Adjusters

402-B:9 Form of License, Display. – The insurance claims adjuster's license shall be in such form and contain such identifying information concerning the licensee as the commissioner of insurance shall prescribe. 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.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/402-B/402-B-9.htm

402-B:4 Examination. – Except as hereinafter provided, the commissioner of insurance shall not issue an original claims adjuster's license to any applicant therefor unless and until said applicant shall 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 commissioner shall cause such examinations to be given at least 4 times annually. The commissioner is authorized to publish and distribute printed material indicating the scope of the examination and suggested sources of study. The commissioner shall collect a fee as established by RSA 400-A:29.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/402-B/402-B-4.htm

402-B:5-a Continuing Education. – 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 20 hours of continuing education instruction. 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. Those licensees without workers' compensation authority may satisfy their 20 credit hour requirement exclusively with multi-line approved credits or any combination of approved workers' compensation or multi-line courses. Such continuing education instruction shall be approved by the insurance department. If a nonresident licensee's state of residence has mandatory continuing education requirements substantially similar to the requirements of this state, the commissioner may accept certification of the licensee's compliance in the state of residence.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/402-B/402-B-5-a.htm

402-B:2 Persons Exempt. – The provisions of this chapter shall not apply to the following: (a) to claims processed by a salaried office employee, licensed company agent or licensed broker dealing with a claimant in conjunction with his other duties and (b) to attorneys and counselors at law duly admitted to practice pursuant to the provisions of RSA 311.

update>> http://gencourt.state.nh.us/rsa/html/XXXVII/402-B/402-B-2.htm

Diminished Value

We have not found any law yet.

This article may be downloaded for use by a single individual. It may not be copied or faxed or mailed to others. It may be reprinted only with written permission from Beyond Parts & Equipment. Published in Beyond Parts & Equipment, 2002 , © 2002, Millennium Publications, Inc. Other use or publication of this version is strictly prohibited.