New Hampshire § 406-C-2 - Section 406-C:2 Definitions.

§ 406-C-2. Section 406-C:2 Definitions.

In this chapter: I. "Commissioner" means the insurance commissioner. II. "Customer" means a person with an investment, security, deposit, trust, or credit relationship with a financial institution. III. "Insurance" means all products defined or regulated as insurance by the state of New Hampshire, except: (a) Credit life, credit accident and health, credit property insurance, and credit involuntary unemployment insurance; (b) Insurance purchased by a financial institution in connection with collateral pledged as security for a loan when the debtor breaches the contractual obligation to provide that insurance; (c) Private mortgage insurance; (d) Mortgage life and mortgage disability insurance; and (e) Travel accident and baggage insurance. IV. "Financial institution" means a bank, savings bank, savings and loan association, trust company, credit union, or any depository institution as defined by the Federal Deposit Insurance Act, as amended, 12 U.S.C. section 1813 (c)(1), which is authorized to take deposits and make loans from a place of business in the state. For the purpose of this chapter, the term financial institution shall also include any non-depository affiliate or subsidiary of a financial institution but only in the instances when the non-depository affiliate or subsidiary is soliciting the sale or purchase of insurance recommended or sponsored by, on the premises of, or in connection with a product offering of, the depository financial institution. Activities of employees and agents of a financial institution shall be deemed to be the activities of the financial institution. The term does not include an insurance company subject to regulation under title XXXVII. V. "Nonpublic customer information" means personally identifiable financial information including any list, description, or other grouping of consumers, and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available. Nonpublic customer information also means nonpublic personal health information that identifies an individual who is the subject of the information; or with respect to which there is a reasonable basis to believe that the information could be used to identify an individual. VI. [Repealed.] VII. "Personally identifiable financial information" means any information a consumer provides to a licensee to obtain an insurance product or service from the licensee about a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer or the licensee otherwise obtains about a consumer in connection with providing an insurance product or service to that consumer. VIII. "Publicly available information" means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from federal, state or local government records, widely distributed media or disclosures to the general public that are required to be made by federal, state, or local law.