Section 406-B:6 Unauthorized Person or Insurer Defense of Action. - New Hampshire Statutes

   I. Before any unauthorized person or insurer files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by service made as provided in RSA 406-B:4 and 5, such person or insurer shall either:
      (a) Deposit with the clerk of the court in which such action, suit or proceeding is pending, or with the commissioner in administrative proceedings before the commissioner, cash or securities or bond with good and sufficient sureties to be approved by the court, or the commissioner, in any amount to be fixed by the court or the commissioner sufficient to secure the payment of any final judgment which may be rendered in such court proceeding or in such administrative proceeding before the commissioner, provided that the court or the commissioner in administrative proceedings before the commissioner may in its or his discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court or the commissioner that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such court action, suit or proceeding or in such administrative proceeding before the commissioner; or
      (b) Procure proper authorization to do an insurance business in this state.
   II. The court in any action, suit or proceeding in which service has been made as provided in RSA 406-B:4 or the commissioner in any administrative proceeding before the commissioner in which service is made as provided in RSA 406-B:5 may, in his or its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with paragraph I and to defend such court action or administrative proceeding.
   III. Nothing in paragraph I is to be construed to prevent an unlicensed person or insurer from filing a motion to quash a writ or to set aside service thereof made as provided in RSA 406-B:4 or 5 on the ground that such unlicensed person or insurer has not done any of the acts enumerated in RSA 406-B:2 or that the person on whom service was made pursuant to RSA 406-B:4 was not doing any of the acts therein enumerated.

Source. 1967, 237:1. 2002, 207:37, eff. July 15, 2002.