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.

Monday, November 8, 2010

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.