Update from Class Counsel: June 18, 2013

The Claims Administrator has received the $25 million tax reserve and has started the process of completing expense payments and distributions under the October 9, 2012, Order Approving Plan of Allocation. Final distribution payments are expected to be mailed within the next 30 days.

Nixon Peabody LLP, Class Counsel


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

What is this case about?

NHMMJUA Policyholders sued NHMMJUA and its Board of Directors (the "Defendants") to recover damages; they claim NHMMJUA breached its contracts by not returning excess premiums to Policyholders. While that case was pending, New Hampshire RSA 404-C:14 was enacted which requires that the NHMMJUA deposit excess premiums with a New Hampshire Superior Court for return to Policyholders. The Court has preliminarily certified this case as a class action and will consider final certification of the class at a hearing to be held on June 12, 2012 at 9:00 a.m. Lead Plaintiffs have submitted a Proposed Plan of Allocation for the return of monies to Policyholders as required by the new law. 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.

What is my Share of the Plan?

If approved by the Court, Class Members will be entitled to a percentage share of the distribution equal to the Policyholder's percentage of total premiums paid since January 1, 1986. This distribution will be reduced by Court-approved awards to the Lead Plaintiffs, costs of notice and administration, attorneys' fees, costs and expenses ("Net Distribution Fund").

What Are My Options?

Final Hearing

If the Court grants final certification of the class, a Final Hearing will be held on September 4, 2012 at 9:00 a.m., in the Merrimack County Superior Court, Concord, NH, to determine whether entry of judgment for the Class is appropriate and whether the Proposed Plan of Allocation is fair, adequate and reasonable to the Class.

Important Dates
April 16, 2012
Claim Form Deadline
April 16, 2012
Exclusion Deadline
August 1, 2012
Objection Deadline
(filed and received)
September 4, 2012
at 9:00 a.m.
Final Hearing

Your Options

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