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Union Leader: Lawmakers kill rules change for doctors' malpractice fund - Friday, Nov. 19, 2010

Lawmakers kill rules change for doctors' malpractice fund - Friday, Nov. 19, 2010

Insurance Commissioner Defeated!

Today, the Joint Legislative Committee on Adminstrative Rules refused to sanction the the Insurance Commissioner's proposed changes to JUA rules. Under the proposal, the Commissioner provided himself a level of management and control over the affairs of the JUA not authorized by any statute. Additionally, the added authority transgressed other state statute which prohibits the Commissioner from owing or operating an insurer. Also, the proposed rules would prohibit the private inurement of financial benefits to policyholders which was a direct affront to the vested contractual rights contained in the insurance policies.

JLCAR unanimously voted to issue a final objection to the rules. Also, the committee voted 9 to 1 to issue a joint resolution which sends the issue of policyholders' rights to surplus funds to the legislature for action.

Click here for a link to an article by New Hampshire Watchdog

Department of Insurance Presses Forward with JUA Rules Changes

Last Thursday, the Department of Insurance, which has been completely tone deaf on the issues pertaining to policyholders' rights, filed revised rules with JLCAR.

In a message to the Department of Insurance, attorneys for the Policyholders asked the Department to confirmm that it "has reconsidered and decided to pull the proposed amendments given the considerable legislative change resulting from yesterday's elections."

The department through its general counsel responded, "the Department's primary focus continues to be on resolution of the federal tax issue. Finalizing amendments to Ins 1700 is an important step toward a favorable outcome for the Plan. We do not see that the election of new legislators would eliminate the need to address the tax issue. Preservation of the Plan's tax exempt status is in the best interest of the policyholders and the public. Therefore, the Department filed the attached amendments to Ins 1700."

In short, these bureaucrats still don't get it. They continue the improper efforts to deprive policyholders of their vested rights.

This abuse of power is stunning. Perhaps the new executive council will start removal proceedings against Commissioner Sevigny and Deputy Commissioner Feldvebel for their blatant disregard for policyholders' rights.