Update – December 2019

The final distribution took place on December 27, 2019. If you have any questions or need your check re-issued, please contact the Claims Administrator at:

NHMMJUA Class Action
c/o GCG
P.O. Box 10253
Dublin, OH 43017-5753
Toll Free Number: 1 (888) 714-2403

Overview

Tuttle v. New Hampshire Med. Malpractice Joint Underwriting Ass'n, et al.,
Docket No. 217-2010-CV-414

What is this case about?

The NHMMJUA is dissolving. In 2015, the New Hampshire legislature enacted RSA 404-C:15-17, appointing a Receiver to wind down the NHMMJUA and directing certain funds remaining in the NHMMJUA be placed under Court control for return to NHMMJUA Policyholders through a class action consistent with previously adjudicated rights of Policyholders. On August 25, 2016, the Receiver of the NHMMJUA closed an Assumption Agreement transaction with The Medical Protective Company (“MedPro”) for the assumption of the NHMMJUA insurance obligations. For this assumption, MedPro was paid $23,156,298.22. Approximately $85 million remains in the custody of the Receiver. Although some of these remaining funds may be necessary to resolve further expenses and obligations of the NHMMJUA, a substantial portion is expected to be available for return to Policyholders. Class Counsel and the Receiver have negotiated, and the Receiver has obtained, court approval to transfer an initial interpleader of $60,000,000 to be administered by the Court. Additional amounts remaining after the Receiver has paid or resolved the NHMMJUA’s final expenses and obligations will be interpleaded in one or more subsequent transfers. These funds collectively are in addition to the $110,000,000 previously recovered and distributed to Policyholders. The Court preliminarily certified this case as a class action and approved final certification of the class and the Plan of Allocation, Case Contribution Awards, and Request for Attorneys' Fees (“Plan of Allocation”) on September 6, 2018. The Court appointed Kevin M. Fitzgerald and W. Scott O’Connell of Nixon Peabody LLP as Class Counsel. If you are a Class Member, your rights will be affected by this legal action.

Who is a Class Member?

The Class includes “All entities or individuals who purchased insurance from the NHMMJUA on or after January 1, 1986.” Individuals insured under the policies are not Class Members unless they can provide evidence of direct payment of premiums for coverage. If you were a Class Member of the prior class action, Tuttle, et al. v. NHMMJUA, Merrimack County Superior Court Docket No. 217-2010-cv00414 (“Prior Tuttle Class”), you are also a member of this Class.

What is my Share of the Plan?

Class Counsel has proposed a Plan of Allocation, a copy of which is available in the Court Documents section of this website. This proposal follows the same method of distribution approved in the Prior Tuttle Class Action. If approved by the Court, Class Members may be entitled to a percentage share of the distribution equal to the Policyholder’s percentage of total premiums paid since January 1, 1986. This pro rata distribution may be reduced by Court-approved awards to the lead plaintiffs, costs of notice and administration, and attorneys’ fees, costs, and expenses (“Net Distribution Fund”) described in the Plan of Allocation.

Like the Prior Tuttle Class, there was more than one distribution to Class Members. This is because approximately $25 million was reserved from distribution in the event that the IRS contested any of the final tax filings made by the NHMMJUA and the need to await the closure of the NHMMJUA receivership and the receiver’s remittance of remaining funds. The deadline for the IRS to contest these filings was September 2, 2018 and the receivership closed on July 12, 2019.

What Are My Options?

Final Hearing

A Final Hearing was held on August 21, 2018 in the Merrimack County Superior Court, Concord, NH, to consider final certification of the class and whether the Plan of Allocation is fair, adequate and reasonable to the Class. The Court approved final certification of the class and the Plan of Allocation on September 6, 2018.

If you have further questions about this process or your rights in this proceeding, you should contact Class Counsel or the Claims Administrator at the address below:

NHMMJUA Class Action
c/o GCG
P.O. Box 10253
Dublin, OH 43017-5753
Toll Free Number: 1 (888) 714-2403

DO NOT CONTACT THE COURT AS IT WILL NOT BE ABLE TO ANSWER QUESTIONS ABOUT YOUR INDIVIDUAL SITUATION.












Important Dates
DateDeadline
August 21, 2018 Court hearing on the Plan of Allocation at Merrimack County Superior Court, Concord, NH

September 6, 2018 The Court issued an order approving the Plan of Allocation

December 17, 2018 The Claims Administrator issued checks to eligible Class Members as approved by the court

December 27, 2019 The final distribution took place


Your Options


  • To find out details regarding the class action, please consult the Notice