An article in the Insurance Journal, New Hampshire Body Shop Owner ‘Winging’ Own Case Beats State Farm in High Court, about an assignment of benefits (AOB) case caught my attention. State Farm’s attorneys lost to a non-lawyer in New Hampshire’s Supreme Court.1 The dollar dispute was overwhelmed by the practical implications of the case. The article noted in part:
Continue Reading Assignment of Benefits Post Loss—New Hampshire Looks To Policy Language

On May 14, 2021, the U.S. District Court for the Western District of Arkansas entered a Judgment in favor of a plaintiff policyholder against the defendant insurance company, New Hampshire Insurance Company (“New Hampshire”), in the amount of $300,000.00.1 The course leading to this Judgment is interesting, as the Judgment did not result from a jury trial or a bench trial. Instead, the Judgment resulted from New Hampshire’s voluntary offer to confess judgment in the amount of $300,000.00. This followed a multi-year litigation, during which time New Hampshire denied all liability on the policyholder’s claims of breach of contract and failure to act in good faith and with fair dealing. It is not surprising New Hampshire continued to deny all liability to the bitter end, even in its offer to confess judgment; however, the fact it offered to pay the plaintiff $300,000.00 is telling, as it had previously offered to pay $0.00.
Continue Reading Judgment Entered Against New Hampshire Insurance Company

John R. Elias, Insurance Commissioner

The New Hampshire Insurance Department was established in 1851, the first insurance regulatory agency in the United States.1 The Consumer Services Division (“CSD”) of the New Hampshire Insurance Department enforces the insurance laws and rules of New Hampshire. The CSD acts as an intermediary to help resolve problems between consumers and department licensees, which include insurance companies and insurance agents.2
Continue Reading How To File A Complaint With The New Hampshire Department of Insurance About Your Delaying, Denying and Bad Treating Insurance Company

On our journey through the states, we now explore the “Granite State,” New Hampshire. One of the original thirteen colonies and known for its state motto, “Live Free or Die,” you should also know that New Hampshire has a complaint handling procedure applicable to insurance companies. Regulations for insurance company business can be found under the statute of “Unfair Methods, Acts and Practices,”1 which defines and establishes the actions by an insurer that will be considered as unfair claim settlement practices.
Continue Reading Claim Handling Requirements by State – New Hampshire

Recently, we received an inquiry on the hazards associated with New Hampshire’s Insurance-to-Value Policy Rules. For those not familiar with value-policy laws, I refer you to a prior article for a refresher on what a valued policy is, and how it affects claims in New Hampshire.
Continue Reading Hazards Associated with New Hampshire’s 100% Insurance-to-Value Policy Law

Eighteen states presently have "valued policy" laws which require insurance companies to pay the amount stated in the policy in the event of a total loss.1 In our state by state "Total Loss" series, we have covered each state with a "valued policy" law except New Hampshire and North Dakota. So, this week I will focus on New Hampshire.

Continue Reading What Constitutes a Total Loss in New Hampshire?