New Hampshire Revised Statutes 417:19 – Action Against Supplier
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I. When a supplier, in any action or proceeding brought by the insurance commissioner, has been found to be in violation of this chapter or has been ordered to cease and desist, and said finding or order has become final, any consumer claiming to be adversely affected by the act or practice giving rise to such finding or order may bring suit against said supplier to recover any damages or loss suffered because of such action or practice.
II. For the sole purpose of providing the consumer with the procedural rights set forth under N.H. Rev. Stat. Chapter 541 and RSA 541-A, failure of the commissioner to take action under N.H. Rev. Stat. § 417:6 or N.H. Rev. Stat. § 417:12 within 120 days from the date of the receipt of a complaint from an alleged injured person shall constitute a finding that the alleged act or practice is not in violation of this chapter. This finding may be appealed in accordance with RSA 541. If upon appeal the decision of the commissioner is not upheld, the petitioner may proceed under N.H. Rev. Stat. § 417:19, I. Nothing contained in this section shall be construed to limit the commissioner’s authority to pursue any legal or regulatory action pursuant to this chapter or any provision in title XXXVII.
II. For the sole purpose of providing the consumer with the procedural rights set forth under N.H. Rev. Stat. Chapter 541 and RSA 541-A, failure of the commissioner to take action under N.H. Rev. Stat. § 417:6 or N.H. Rev. Stat. § 417:12 within 120 days from the date of the receipt of a complaint from an alleged injured person shall constitute a finding that the alleged act or practice is not in violation of this chapter. This finding may be appealed in accordance with RSA 541. If upon appeal the decision of the commissioner is not upheld, the petitioner may proceed under N.H. Rev. Stat. § 417:19, I. Nothing contained in this section shall be construed to limit the commissioner’s authority to pursue any legal or regulatory action pursuant to this chapter or any provision in title XXXVII.
Terms Used In New Hampshire Revised Statutes 417:19
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51