New Hampshire Court Refuses to Reconsider $110M Ruling

March 10, 2010

The New Hampshire Supreme Court has refused to reconsider its ruling rejecting the state’s claim to $110 million surplus from a fund that underwrites medical malpractice insurance.

Gov. John Lynch spokesman Colin Manning said Tuesday the decision was disappointing.

Manning says the state continues to review other legal options for the fund’s future.

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

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