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.

Thursday, November 18, 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