Section 406-B:8 Validity of Insurance Contracts.
I. Except for lawfully procured surplus lines insurance pursuant to the surplus lines laws of this state, contracts of insurance independently procured, through negotiations occurring entirely outside of this state which are reported and on which premium tax is paid in accordance with RSA 406-B:17 and contracts of industrial insurance on which premium tax is paid pursuant to RSA 406-B:16, VI, any contract of insurance effective in this state and entered into by an unauthorized insurer is unenforceable by such insurer. In event of failure of any such unauthorized insurer to pay any claim or loss within the provisions of such insurance contract, any person who assisted or in any manner aided directly or indirectly in the development, marketing, or administration of such insurance contract shall be liable to the insured for the full amount thereof pursuant to the provisions of such insurance contract.
II. The failure of an insurer transacting insurance business in this state to obtain a certificate of authority shall not impair the validity of any act or contract of such insurer and shall not prevent such insurer from defending any action at law or suit in equity in any court of this state, but no insurer transacting insurance business in this state without a certificate of authority shall be permitted to maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until such insurer shall have obtained a certificate of authority.
Source. 1967, 237:1. 1969, 260:4. 1971, 170:3. 1991, 94:1. 2002, 207:38, eff. July 15, 2002.