New Hampshire Asks Court to Reconsider $110M MedMal Ruling

February 11, 2010

New Hampshire is asking the state Supreme Court to reconsider rejecting its claim to $110 million in surplus from a fund that underwrites medical malpractice insurance.

In a 3-2 decision last month, the court upheld policyholders’ claim they had a constitutionally protected contractual right to the money. The court said the state could not change law to apply retroactively to the contracts and take the surplus.

The state asked the court on Monday to rehear the case. The state said the court disregarded important facts, expanded the definition of vested rights to apply to policyholders and improperly shifted the burden of proof to the state.

The ruling — as it stands — adds $45 million to the New Hampshire’s budget shortfall.

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