An insurer employee works as a special agent, visiting licensed producers to give them technical advice and assistance on the insurer's products, and receives no commission on New Hampshire policies. Which additional fact would take the employee outside New Hampshire's licensing exemption for this role?

The employee starts soliciting prospective insureds directly for the insurer.

A nonresident producer is fined by an order of the commissioner issued under RSA 417:10 and wants to challenge the fine. Under RSA 417:11, where does the producer's appeal go?

To the Merrimack county superior court, where the producer receives a trial de novo

An employee of an insurer performs only clerical work connected with policy issuance, but the insurer pays the employee a commission on every policy written on New Hampshire risks. Under New Hampshire's licensing exemption for officers, directors and employees of insurers, which statement is correct?

The employee loses the exemption because of the commissions paid on New Hampshire policies.

An insurer's officer knowingly fails to record a material fact about the insurer's business in the insurer's books, although every entry that was made is accurate. How does RSA 417:4(VI) treat this conduct?

It is an unfair practice, since knowingly omitting a material true entry is covered

An independent adjuster gives the Commissioner information about a claimant's conduct that the adjuster believes may be insurance fraud. The claimant then sues the adjuster for slander. Under New Hampshire's fraud-reporting immunity statute, what must the claimant prove to hold the adjuster civilly liable?

That the adjuster acted with actual malice in furnishing the information

The individual designated in a New Hampshire business entity producer's license dies unexpectedly, and an employee of the agency needs authority to keep servicing its accounts. Under RSA 402-J:11(I)(a), what may the Commissioner provide?

A temporary license of up to 180 days, which the Commissioner may issue without an examination

After the owner of a New Hampshire agency, who was also its designated individual, died, the Commissioner issued an agency employee a temporary producer license. Sixty days later, the owner's personal representative sells the agency to another firm. Under RSA 402-J:11(II), what happens to the employee's temporary license?

It may not continue, because the business it served has been disposed of

Each employee below works for an insurer and receives no commission on New Hampshire policies. Which one is exempt from New Hampshire producer licensing because of the nature of the employee's function?

An employee who investigates and settles claims made under the insurer's policies

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1.An insurer employee works as a special agent, visiting licensed producers to give them technical advice and assistance on the insurer's products, and receives no commission on New Hampshire policies. Which additional fact would take the employee outside New Hampshire's licensing exemption for this role?
Answer: B. The employee starts soliciting prospective insureds directly for the insurer.
The exemption covers an insurer employee, paid no commission on New Hampshire policies, who assists producers as a special agent or agency supervisor, but only while the work is confined to technical advice and assistance given to licensed producers and excludes selling, soliciting or negotiating insurance. Soliciting prospects directly breaks that limit. The statute names agency supervisors alongside special agents, and advising or training licensed producers on technical matters is the activity the exemption describes.
Source
N.H. Rev. Stat. Ann. Sec. 402-J:4(II)(a)(3) (eff. August 20, 2001)
Choose an answer to see the explanation.
2.A nonresident producer is fined by an order of the commissioner issued under RSA 417:10 and wants to challenge the fine. Under RSA 417:11, where does the producer's appeal go?
Answer: C. To the Merrimack county superior court, where the producer receives a trial de novo
RSA 417:11 sends an appeal from an order or decision under RSA 417:10 to the supreme court under RSA 541, but it makes an exception where the order imposes a fine. A party appealing a fine goes to the superior court in the county of residence if a resident, or to the Merrimack county superior court if a nonresident, and is entitled to a trial de novo there. Because this producer is a nonresident challenging a fine, Merrimack county superior court is the forum. The supreme court route applies to orders that do not impose a fine, and the section does not tie the forum to where the hearing was held or where an insurer has its office.
Source
N.H. Rev. Stat. Ann. Sec. 417:11
Choose an answer to see the explanation.
3.An employee of an insurer performs only clerical work connected with policy issuance, but the insurer pays the employee a commission on every policy written on New Hampshire risks. Under New Hampshire's licensing exemption for officers, directors and employees of insurers, which statement is correct?
Answer: B. The employee loses the exemption because of the commissions paid on New Hampshire policies.
The exemption for an officer, director or employee of an insurer or producer applies only if the person receives no commission on policies written or sold to insure risks in New Hampshire, and the person must also meet one of the listed activity tests. Clerical work can qualify, but only together with the no-commission condition, so the commissions here defeat the exemption. The statute draws no distinction based on whether the insurer or a producer pays the commission, and it sets no percentage of pay below which a commission is tolerated.
Source
N.H. Rev. Stat. Ann. Sec. 402-J:4(II)(a) (eff. August 20, 2001)
Choose an answer to see the explanation.
4.An insurer's officer knowingly fails to record a material fact about the insurer's business in the insurer's books, although every entry that was made is accurate. How does RSA 417:4(VI) treat this conduct?
Answer: B. It is an unfair practice, since knowingly omitting a material true entry is covered
Paragraph VI, False Financial Statements, reaches several knowing acts, and one of them is knowingly omitting to make a true entry of a material fact about the insurer's business in any of its books, reports, or statements. An omission is therefore covered even when everything written is accurate. The paragraph is not limited to documents filed with the Commissioner, because it extends to any book, report, or statement of the insurer. Paragraph VI also states no requirement that a policyholder suffer a loss.
Source
N.H. Rev. Stat. Ann. Sec. 417:4(VI)
Choose an answer to see the explanation.
5.An independent adjuster gives the Commissioner information about a claimant's conduct that the adjuster believes may be insurance fraud. The claimant then sues the adjuster for slander. Under New Hampshire's fraud-reporting immunity statute, what must the claimant prove to hold the adjuster civilly liable?
Answer: A. That the adjuster acted with actual malice in furnishing the information
RSA 400-A:36-b(II) protects a person who reports or furnishes information about possible insurance fraud, as RSA 638:20 defines it, when the information goes to or comes from the Commissioner, law enforcement, the NAIC, a state or federal agency set up to fight insurance fraud, or an authorized insurer. The statute says the immunity holds unless the person seeking to impose liability proves actual malice. Inaccurate information, carelessness in gathering it, and the absence of any prosecution are not the showing the statute names, so none of them defeats the immunity. If the adjuster is found entitled to immunity, the statute also lets the adjuster recover reasonable attorney's fees and costs from the claimant who sued.
Source
N.H. Rev. Stat. Ann. Sec. 400-A:36-b(II) (eff. January 1, 1994)
Choose an answer to see the explanation.
6.The individual designated in a New Hampshire business entity producer's license dies unexpectedly, and an employee of the agency needs authority to keep servicing its accounts. Under RSA 402-J:11(I)(a), what may the Commissioner provide?
Answer: C. A temporary license of up to 180 days, which the Commissioner may issue without an examination
Under RSA 402-J:11(I)(a), when an individual designated in a business entity's application or license dies or becomes disabled, the Commissioner may issue a temporary producer license to a member or employee of that entity, without requiring an examination, for no more than 180 days, where the Commissioner considers it necessary to service the business. Nothing in the provision transfers the deceased designee's license to anyone. Twenty-four months is the reinstatement window for a lapsed license under RSA 402-J:7(III), not the temporary license period, and this temporary license does not wait on an examination. The 90-day choice states the wrong period and wrongly limits the license to the personal representative, when the paragraph reaches a member or employee of the entity.
Source
N.H. Rev. Stat. Ann. Sec. 402-J:11(I)(a)
Choose an answer to see the explanation.
7.After the owner of a New Hampshire agency, who was also its designated individual, died, the Commissioner issued an agency employee a temporary producer license. Sixty days later, the owner's personal representative sells the agency to another firm. Under RSA 402-J:11(II), what happens to the employee's temporary license?
Answer: D. It may not continue, because the business it served has been disposed of
RSA 402-J:11(II) states that a temporary license may not continue once the owner or the personal representative disposes of the business. The sale of the agency therefore ends the employee's temporary license even though fewer than 180 days have passed, because 180 days is an outer limit under paragraph I and not a guaranteed term. The Commissioner may require a licensed sponsor who takes responsibility for a temporary licensee's acts, but the provision does not make sponsorship a way to keep the license alive after the business is disposed of. The provision contains no mechanism that turns a temporary license into a permanent one.
Source
N.H. Rev. Stat. Ann. Sec. 402-J:11(II)
Choose an answer to see the explanation.
8.Under RSA 417:4(IX)(b)(13), promotional items a producer gives a consumer while marketing insurance are excluded from the definition of a rebate if their fair market value is no more than which amount?
Answer: A. $100 per consumer, per year
Paragraph IX(b) lists practices that are not treated as rebates or unfair discrimination, and item (13) covers promotional items given to a consumer in connection with marketing insurance when the items have a fair market value of $100 or less per consumer, per year. The limit is measured per consumer, not per policy sold, so a producer cannot multiply it by selling more policies to one person. The $25 and $250 figures do not appear in item (13), and its period is the year, not the policy term.
Source
N.H. Rev. Stat. Ann. Sec. 417:4(IX)(b)(13)
Choose an answer to see the explanation.
9.Each employee below works for an insurer and receives no commission on New Hampshire policies. Which one is exempt from New Hampshire producer licensing because of the nature of the employee's function?
Answer: D. An employee who investigates and settles claims made under the insurer's policies
The exemption covers an insurer employee, paid no commission on New Hampshire policies, whose function involves underwriting, loss control, inspection, or the processing, adjusting, investigating or settling of claims. A claims employee fits that description. Urging callers to buy, negotiating coverage terms with prospects, and taking applications while recommending coverage are selling, soliciting or negotiating activity, and this exemption is limited to the functions it lists.
Source
N.H. Rev. Stat. Ann. Sec. 402-J:4(II)(a)(2) (eff. August 20, 2001)
Choose an answer to see the explanation.
10.An applicant for a New Hampshire agent license expects to write insurance on property owned by the applicant's employer. Under RSA 402:74, if commissions from such business exceed what share of the applicant's total commissions in a calendar year is the applicant deemed licensed primarily to insure controlled property?
Answer: D. 10 percent
RSA 402:74(II) treats an applicant who receives more than 10 percent of total commissions or premiums in a calendar year from insuring property of the persons listed in paragraph III, a list that includes the applicant's employer, as licensed primarily to insure its own or controlled property. The Commissioner then may not issue the license unless the applicant shows, to the Commissioner's satisfaction, that it is not so licensed. The 50 percent figure in paragraph III concerns ownership of a corporation's capital stock, not the share of commissions, and neither 5 nor 25 percent is the threshold the statute uses.
Source
N.H. Rev. Stat. Ann. Sec. 402:74(II) (eff. September 1, 1967)
Choose an answer to see the explanation.

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2.A nonresident producer is fined by an order of the commissioner issued under RSA 417:10 and wants to challenge the fine. Under RSA 417:11, where does the producer's appeal go?

4.An insurer's officer knowingly fails to record a material fact about the insurer's business in the insurer's books, although every entry that was made is accurate. How does RSA 417:4(VI) treat this conduct?

6.The individual designated in a New Hampshire business entity producer's license dies unexpectedly, and an employee of the agency needs authority to keep servicing its accounts. Under RSA 402-J:11(I)(a), what may the Commissioner provide?

8.Under RSA 417:4(IX)(b)(13), promotional items a producer gives a consumer while marketing insurance are excluded from the definition of a rebate if their fair market value is no more than which amount?

9.Each employee below works for an insurer and receives no commission on New Hampshire policies. Which one is exempt from New Hampshire producer licensing because of the nature of the employee's function?

The other 223 questions are $29.