recent developments in new hampshire law

Recent Developments In New Hampshire Law

Presented by:Laurence W. Getman, Esq.

www.getmanstacey.com

• Liability Cases • New Statutes • Pending Legislation

Corcoran v. HarmonNo. 2005-726 (Nov. 28, 2006)

The Superior Court has authority under RSA 542:8 to review all final decisions of an arbitration panel, including a decision to withdraw an award.

Meier v. Town of LittletonNo. 2005-399 (Nov. 3, 2006)

Doctrine of Res Judicata did not operate to bar claims that could have been raised as permissive cross claims in a prior proceeding.

Vermont Wholesale Building Products, Inc. v.

J.W. Jones Lumber Co., Inc.No. 2006-144 (Dec. 21, 2006)

A defendant’s knowledge that its product may be distributed in the forum state is not sufficient to establish jurisdiction.

Nault v. TiradoNo. 2006-548 (May 15, 2007)

Lawsuit barred for failure to serve defendant at current address within statutory limitations period despite attempted service at defendant’s former address.

Cui v. Chief, Barrington Police Department

No. 2006-430 (May 15, 2007)

Town not liable under either dog control law or a common law duty theory for property damage caused by stray dog.

Farm Family Casualty Ins. Co. as Subrogee of Marc & Deborah

Janetos v. Town of RollinsfordNo. 2006-791 (July 17, 2007)

Municipality not liable under RSA 507-B:2 for negligence of firefighters since firefighting operations did not constitute “ownership, occupation, maintenance or operation” of the premises.

Kelton v. Hollis Ranch, LLCNo. 2006-743 (July 17, 2007)

New Hampshire’s Consumer Protection Act does not impose strict liability for misrepresentations made in good faith.

Ward v. Inishmann Associates Ltd Partnership, et al

No. 2006-284 (Aug. 22, 2007)

Landlords owe no duty to prevent foreseeable criminal attack on tenant in the absence of either:

1) A defective condition on the premises that foreseeably increased the risk of criminal attack; or

2) 2) The breach of an express agreement by the landlord to provide security.

Security Against Criminal Matters

Tiberghein v. B.R. Jones Roofing Co.

No. 2006-657 (Aug. 28, 2007)

Defendant is entitled to a credit against arbitration award for amounts paid to the plaintiff by settling tortfeasors.

Macie v. HelmsNo. 2007-792 (Sept. 21, 2007)

Injury to public employee while attempting to repair traffic light damaged by truck driver was not reasonably foreseeable.

Everitt v. General Electric Co.No. 2006-481 (Sept. 21, 2007)

A settling tortfeasor cannot be required to actively participate in litigation under Nilsson/DeBenedetto

Municipal police officers may be entitled to official immunity for certain discretionary acts and, if so, the municipality may be entitled to vicarious immunity.

Coverage Cases

Carter v. Concord General Mutual Insurance Company

No. 2006-530 (May 30, 2007)

Uninsured Motorist Provisions of Personal Automobile Policy Were Ambiguous And Entitled Insured To Coverage For Injury Caused By Farm Wagon Being Towed Off-Road By Tractor

Murley v. Hanover Insurance Co.No. 2006-613 (June 8, 2007)

Policy Language Prohibiting UIM Plaintiff From Receiving Duplicate Payment Under Medical Payments Provision Held Invalid

Nicolaou v. Vermont Mutual Ins. Co.No. 2006-651 (July 19, 2007)

Insured Required To Actually Repair Or Replace Damaged Or Destroyed Dwelling In Order To Be Entitled To Replacement Cost Under Terms Of Homeowner’s Policy

Estate of Miller v. Amica Mutual Insurance Company

No. 2006-904 (Aug. 28, 2007)

Accident Victim Who Was Struck By Hit & Run Vehicle After Being Thrown From His Motorcycle Was Not “Occupying” The Motorcycle For Purposes Of His Automobile Policy’s Owned Vehicle Exclusion.

New Statute Prohibits Knowingly Underestimating

Claim Value

Effective 01/01/08

Statutes Relative to the Investigation of Suspected Insurance Fraud Amended

1) Subpoenas

2) Reporting – you now have to report.

Effective 01/01/08

Statutes Requiring Increased Uninsured Coverage Limits by Umbrella and Excess Policies

Amended• Rejection must be in writing.• Rejection applies to all future

insureds/ vehicles under the policy.

Effective 09/11/07

Liability Limits for Claims Against Local and State Governments

Increased

• Cap now $275,000/$925,000–Municipalities/School Districts

Effective 07/17/07

• Cap now $475,000/$3,750,000–State Agencies

New Statute Prohibits Refusal to Insure Volunteer Drivers

• No refusal• No increased rates• Volunteer driver – w/o compensation

for charitable organization

Remainder of Statute Effective 07/01/07

New Statute Restricts Availability of Med Pay Benefits

• No double dipping• Health carrier can’t claim med pay

is primary

Effective 07/13/07

Pending Legislations

Senate Bills

SB 188 – Would subject insurance companies to Consumer Protection Act remedies for unfair claim practices.

SB 32 – Would increase cap on small claims jurisdiction from $5,000 to $10,000.

SB 150 – Would require that drivers who are residents of foreign countries have insurance coverage.

Pending Legislations

House Bills

HB 143 – Would repeal the result of the DeBenedetto case by changing the definition of “party” in RSA 507:7-e

HB 573 – Would permit a judgment creditor to request that a state agency refuse to renew a judgment debtor’s motor vehicle, occupational or recreation license or permit until the judgment is paid in full.

Laurence W. Getman, Esq.Getman, Stacey, Schulthess & Steere, P.A.

Three Executive Park Drive, Suite 9Bedford, NH 03110

ph 603.634.4300www.getmanstacey.com