Key Takeaways
- New Hampshire does NOT legally require homeowners insurance, but mortgage lenders typically mandate it
- NH homeowners policies follow standard ISO forms with state-specific endorsements and requirements
- Standard flood coverage is excluded—separate NFIP or private flood insurance required
- New Hampshire law requires insurers to offer replacement cost coverage on dwelling
- Claims must be handled promptly with clear communication to policyholders
- NH experiences unique risks: harsh winters, ice dams, frozen pipes, and coastal storm exposure
New Hampshire Homeowners Insurance
New Hampshire homeowners insurance protects property owners from financial loss due to damage, liability, and loss of use—though unlike auto insurance, homeowners insurance is not legally required in the state.
Legal Requirements (or Lack Thereof)
No State Mandate
Key Fact: New Hampshire does NOT legally require homeowners insurance.
| Requirement Type | New Hampshire | Most States |
|---|---|---|
| State Law | No requirement | No requirement (common) |
| Lender Requirement | YES - mortgage lenders require | YES - mortgage lenders require |
| Practical Reality | 95%+ homeowners carry insurance | Similar |
When Coverage is Required
Mortgage lenders require:
- Coverage equal to loan amount or replacement cost
- Lender listed as mortgagee/loss payee
- Continuous coverage throughout loan term
- Notification of cancellation or non-renewal
If paid off:
- No legal requirement to maintain insurance
- HIGHLY recommended for financial protection
- Most homeowners maintain coverage voluntarily
Exam Tip: While New Hampshire law doesn't require homeowners insurance, mortgage lenders do. Understand the distinction between legal requirements (state law) and contractual requirements (lender terms).
Standard Policy Forms
New Hampshire uses ISO (Insurance Services Office) standard homeowners forms:
HO-3 Special Form (Most Common)
The HO-3 is the most popular homeowners policy in New Hampshire:
| Coverage | Perils Covered | Standard Limits |
|---|---|---|
| Coverage A - Dwelling | Special form (all-risk) | Replacement cost of home |
| Coverage B - Other Structures | Special form | 10% of Coverage A |
| Coverage C - Personal Property | Named perils | 50-75% of Coverage A |
| Coverage D - Loss of Use | ALE/Fair rental value | 20-30% of Coverage A |
| Coverage E - Personal Liability | Per occurrence | $100,000 - $500,000 |
| Coverage F - Medical Payments | Per person | $1,000 - $5,000 |
Policy Form Comparison
| Form | Best For | Dwelling Coverage | Personal Property |
|---|---|---|---|
| HO-1 Basic | Rarely used | 10 named perils | 10 named perils |
| HO-2 Broad | Budget-conscious | 16 named perils | 16 named perils |
| HO-3 Special | Most homeowners | All-risk (special) | Named perils |
| HO-4 Renters | Tenants | N/A | Named perils |
| HO-5 Comprehensive | Higher-value homes | All-risk | All-risk |
| HO-6 Condo | Condo owners | Unit interior | All-risk |
| HO-8 Older Homes | Historic properties | Named perils | Named perils |
Coverage A - Dwelling
Covers the home structure including:
Included:
- Foundation, walls, roof
- Attached garage
- Built-in appliances
- Plumbing, heating, electrical systems
- Permanently installed fixtures
- Materials on premises for construction/repair
Excluded:
- Land (not insurable)
- Detached structures (covered under Coverage B)
- Personal property (covered under Coverage C)
- Business property (needs commercial policy)
Coverage B - Other Structures
Covers detached structures on premises:
Covered Structures:
- Detached garage or carport
- Storage sheds and barns
- Fences and retaining walls
- Swimming pools
- Guest houses (if not rented)
- Driveways and walkways
Standard Limit: 10% of Coverage A Example: $300,000 Coverage A = $30,000 Coverage B
Coverage C - Personal Property
Covers belongings anywhere in the world:
Covered Property:
- Furniture, clothing, electronics
- Appliances (not built-in)
- Tools and equipment
- Jewelry (subject to sublimits)
- Sports equipment
- Personal items
Special Limits Apply To:
| Item Type | Standard Limit |
|---|---|
| Money, coins, precious metals | $200 |
| Securities, tickets | $1,500 |
| Jewelry, watches, furs | $1,500 total |
| Firearms | $2,500 total |
| Silverware, goldware | $2,500 total |
| Business property on premises | $2,500 |
| Business property off premises | $500 |
| Watercraft | $1,500 |
Scheduled Personal Property: For high-value items exceeding sublimits, add scheduled coverage with appraisals.
Coverage D - Loss of Use
Pays additional living expenses when home is uninhabitable:
Additional Living Expense (ALE):
- Hotel/temporary housing costs
- Restaurant meals (above normal food costs)
- Storage of belongings
- Moving expenses
- Pet boarding
Fair Rental Value:
- If renting part of home
- Lost rental income while repairs made
Standard Limit: 20-30% of Coverage A Time Period: Until home is repaired or household resettled
Exam Tip: Coverage D pays the DIFFERENCE between normal living expenses and additional costs. If you normally spend $200/month on food and spend $600 while displaced, Coverage D pays $400.
Coverage E - Personal Liability
Protects against lawsuits for bodily injury or property damage:
Covered Situations:
- Guest injured on your property
- Your dog bites neighbor
- Tree falls on neighbor's property
- Child breaks neighbor's window
- Someone injured by your actions
Coverage Includes:
- Legal defense costs (in addition to limits)
- Settlements or judgments
- Court costs and attorney fees
Standard Limits: $100,000, $300,000, or $500,000 per occurrence
Excluded:
- Business activities (need commercial policy)
- Professional services (need professional liability)
- Intentional acts
- Contractual liability
- Motor vehicle liability (covered by auto policy)
Coverage F - Medical Payments
No-fault coverage for minor injuries to others:
Characteristics:
- Pays regardless of liability
- Covers medical expenses for others
- Applies to injuries on your property
- Applies to injuries caused by you or family members elsewhere
- Small limits ($1,000 - $5,000)
Purpose: Settle minor claims without lawsuit
New Hampshire-Specific Coverage Considerations
Weather-Related Perils
New Hampshire's climate creates unique insurance considerations:
| Peril | Frequency | Coverage |
|---|---|---|
| Ice Dams | Common in winter | Covered (resultant damage) |
| Frozen Pipes | Winter risk | Covered if reasonable care taken |
| Snow Load Collapse | Severe winters | Covered under weight of ice/snow |
| Windstorm | Coastal/mountain areas | Covered in standard policies |
| Flood | Coastal, river valleys | EXCLUDED - separate policy needed |
| Hurricane/Nor'easter | Coastal exposure | Covered (wind damage, not flood) |
Ice Dam Coverage
Ice Dam Formation:
- Snow on roof melts from heat escaping home
- Water runs down to cold eaves
- Refreezes creating ice dam
- Water backs up under shingles
- Leaks into home causing damage
Coverage Application:
- Interior water damage from ice dams: COVERED
- Prevention (roof raking): NOT COVERED
- Gutter damage from ice: COVERED
- Insulation improvement: NOT COVERED
Frozen Pipe Coverage
Coverage Requirements:
- Policyholder took reasonable steps to prevent freezing
- Maintained heat in home
- Drained pipes if leaving property vacant
- Winterized properly if home unoccupied
Not Covered If:
- Left home unheated in winter without draining pipes
- Failed to take reasonable precautions
- Property vacant without proper winterization
Exam Tip: New Hampshire's harsh winters make frozen pipe and ice dam claims common. Coverage applies only if the policyholder takes reasonable care to prevent freezing.
Replacement Cost vs. Actual Cash Value
Replacement Cost Coverage
Definition: Cost to repair or replace with similar property WITHOUT deduction for depreciation
New Hampshire Requirement: Insurers must offer replacement cost coverage on dwelling (Coverage A)
Advantages:
- Full cost to rebuild home
- No depreciation deduction
- Better financial protection
- Required offering in NH
Requirements for Full Payment:
- Carry insurance equal to 80% or more of replacement cost
- Actually repair or replace damaged property
- Complete repairs within reasonable time
Actual Cash Value (ACV)
Definition: Replacement cost MINUS depreciation
Formula:
When Applied:
- Personal property (Coverage C) unless endorsement purchased
- Older roofs (may have ACV settlement)
- If carrying less than 80% of replacement cost
Example:
- Replacement cost of roof: $12,000
- Roof is 15 years old (halfway through 30-year life)
- Depreciation: 50%
- ACV payment: $12,000 - $6,000 = $6,000
80% Rule (Coinsurance)
To receive full replacement cost benefits:
Requirement: Carry insurance equal to at least 80% of replacement cost
Formula:
Where Insurance Required = Replacement Cost × 80%
Example 1: Adequate Insurance
- Home replacement cost: $400,000
- Insurance required: $400,000 × 80% = $320,000
- Insurance carried: $350,000 ✓
- Loss: $80,000
- Payment: $80,000 - deductible (FULL replacement cost)
Example 2: Under-Insured
- Home replacement cost: $400,000
- Insurance required: $320,000
- Insurance carried: $240,000 (only 60%)
- Loss: $80,000
- Payment: ($240,000 ÷ $320,000) × $80,000 = $60,000 - deductible
Exam Tip: The 80% rule penalizes under-insurance. Carrying only 60% of required coverage means receiving only 75% of loss amount (before deductible). Always maintain at least 80% to replacement cost.
New Hampshire Claims Handling Requirements
Prompt Communication
Insurer Obligations:
| Timeframe | Requirement |
|---|---|
| Within 15 days | Acknowledge receipt of claim |
| Within 30 days | Begin investigation |
| Within 30 days | Request additional information if needed |
| Ongoing | Respond to claimant inquiries within 10 business days |
| Upon determination | Pay or deny claim with explanation |
Claims Investigation
Insurer Must:
- Conduct thorough investigation
- Document all findings
- Communicate with policyholder regularly
- Explain coverage determinations clearly
- Pay claims fairly and promptly
Policyholder Must:
- Report claim promptly
- Cooperate with investigation
- Provide requested documentation
- Allow property inspection
- Protect property from further damage
Unfair Claims Practices
New Hampshire prohibits:
| Practice | Description |
|---|---|
| Misrepresenting Coverage | Falsely stating policy doesn't cover loss |
| Failing to Investigate | Not conducting reasonable investigation |
| Unreasonable Delay | Delaying payment without justification |
| Low-Ball Offers | Offering substantially less than owed |
| Requiring Unnecessary Proof | Demanding irrelevant documentation |
| Failing to Explain | Not providing denial reasons |
Consequences:
- Consumer complaint to NHID
- Investigation and potential discipline
- Fines and penalties
- Requirement to pay claim plus interest
- Market conduct examination
Exam Tip: New Hampshire requires insurers to acknowledge claims within 15 days and begin investigation within 30 days. Failure to handle claims promptly is an unfair claims practice subject to regulatory action.
Exclusions and Limitations
Standard Exclusions
All New Hampshire homeowners policies exclude:
| Exclusion | Reason |
|---|---|
| Flood | Separate NFIP or private flood insurance required |
| Earth Movement | Earthquake coverage available by endorsement |
| War | Uninsurable peril |
| Nuclear Hazard | Uninsurable peril |
| Intentional Loss | Moral hazard |
| Power Failure | Unless caused by covered peril on premises |
| Neglect | Failure to protect property |
| Government Action | Seizure, confiscation |
Water Damage Distinctions
COVERED Water Damage:
- Burst pipes
- Appliance overflow
- Ice dam water intrusion
- Roof leak from wind/hail
- Water heater rupture
EXCLUDED Water Damage:
- Flood (rising water from outside)
- Surface water
- Groundwater seepage
- Sewer backup (unless endorsement purchased)
- Gradual leaks (maintenance issue)
Exam Tip: The key distinction is SUDDENNESS. Sudden water damage (burst pipe) is covered. Gradual water intrusion (slow leak over months) is excluded as a maintenance issue.
New Hampshire Flood Insurance
NFIP (National Flood Insurance Program)
Availability:
- Available in participating NH communities
- Maximum $250,000 dwelling coverage
- Maximum $100,000 contents coverage
- Separate policy required
- 30-day waiting period (except at closing)
Who Needs Flood Insurance:
- Properties in Special Flood Hazard Areas (SFHA)
- Federally-backed mortgage in flood zone
- Anyone concerned about flood risk (optional otherwise)
Private Flood Insurance
Recent Development:
- Private market flood insurance now available
- May offer higher limits than NFIP
- May be more expensive or less expensive
- More flexible coverage options
- Immediate coverage available (no 30-day wait)
Comparison:
| Feature | NFIP | Private Flood |
|---|---|---|
| Max Dwelling | $250,000 | Varies (often higher) |
| Max Contents | $100,000 | Varies (often higher) |
| Waiting Period | 30 days | Often immediate |
| Cost | Federally set rates | Market-based |
| Availability | Participating communities | Broader |
New Hampshire Flood Risk
Higher Risk Areas:
- Coastal regions (Portsmouth, Hampton, Seabrook)
- Connecticut River valley
- Merrimack River basin
- Areas near lakes and ponds
- Low-lying areas
Exam Tip: Standard homeowners policies EXCLUDE flood coverage. Properties in Special Flood Hazard Areas with federally-backed mortgages must purchase separate flood insurance through NFIP or private market.
Endorsements and Optional Coverages
Common Endorsements
| Endorsement | What It Adds |
|---|---|
| Scheduled Personal Property | Higher limits for jewelry, art, collectibles |
| Water Backup | Covers sewer/drain backup (excluded in base policy) |
| Equipment Breakdown | Covers mechanical/electrical breakdown |
| Earthquake | Covers earth movement (excluded in base policy) |
| Identity Theft | Expenses to restore identity |
| Home Business | Limited business property/liability coverage |
| Personal Injury | Libel, slander, false arrest coverage |
| Replacement Cost Contents | Pays replacement cost for personal property |
| Service Line | Covers underground utility line repairs |
Scheduled Personal Property
For High-Value Items:
- Jewelry, watches, furs
- Fine art, antiques
- Musical instruments
- Collections (coins, stamps)
- Cameras and equipment
Benefits:
- No deductible
- All-risk coverage
- Agreed value
- Worldwide coverage
- No sublimits
Requirements:
- Professional appraisal
- Item listed on schedule
- Additional premium
Exam Tip: Scheduled personal property endorsements provide "all-risk" coverage without deductibles. Standard policies have sublimits ($1,500 for jewelry, $2,500 for firearms, etc.) that scheduled coverage removes.
Does New Hampshire state law require homeowners to carry homeowners insurance?
Within how many days must New Hampshire insurers acknowledge receipt of a homeowners claim?
What percentage of replacement cost must be carried to avoid coinsurance penalty?