Protect Private Property


In 2009, Governor Lynch and primarily Democratic legislators passed a law which attempted to take $110 million from a privately funded medical malpractice fund. The state never contributed any money to this fund. All the monies were paid by healthcare providers from around the state. The New Hampshire Supreme Court held that law unconstitutional because it violated the vested property rights of the policyholders (Click here to see court opinion). Governor Lynch has refused to obey this law and continues efforts to take these funds from the owners. Many citizens and organizations fearful of this unconstitutional assualt on private property have provided important support to the JUA policyholders. This site recognizes these efforts.

Friday, October 8, 2010

The Governor's Assault on the JUA Continues with High-Priced Lawyers from Washington DC




The Governor and Insurance Commissioner continue efforts to interfere with policyholders rights to the more than $110 million in JUA surplus funds. The Department of Insurance has confirmed that it has retained the law firm of Skadden Arps to assist with its "examination" of the JUA. This "examination" has so far amounted to an effort to re-write JUA rules to deny policyholder rights. Local firm Rath Young has been paid in excess of $200,000 for this effort. Now, Skadden Arps-- with billing rates of $1050 per hour-- has been retained by the Department of Insurance. THE COMMISSIONER WILL LIKELY FORCE THE JUA TO PAY ALL OF THESE FEES FOR THIS BOGUS EXAMINATION. The JUA has been told to be ready to pay up to $1 million to these out of state lawyers.

The fact that the Governor and Insurance Commissioner continue this assault in the face of the New Hampshire Supreme Court's order confirming policyholders' rights is bad enough. The fact that they are using JUA funds to pursue this unlawful activity against the true owners of the funds is despicable. The "dream team" that conspired to take these funds are completely out of control.