I am not a NH JUA policy holder but I believe it is important for all NHMS members to understand that lead plaintiffs in the NH Supreme Court case, Dr. Georgia Tuttle, Lakes Region General Hospital and Derry Medical Center, with support of NHMS, successfully sued the state and JUA to stop the state from taking $110 million excess surplus belonging to policyholders.   

Since 1986, the NHMMJUA (NH Medical Malpractice Joint Underwriters Association) has made malpractice insurance available to any health care provider and, since 1986, has built-up significant “excess surplus.”   In 2009, state budget writers sought those excess surplus funds as a means to balance the state budget.  NHMS, at substantial expense both politically and financially, battled the state Insurance Department, the NH House and Senate, as well as Governor Lynch, to stop the $110 from becoming a revenue-source in the state budget. 

At that point in time, NHMS connected with the Nixon Peabody law firm to have them take the lead on establishing a class action law suit to legally bar the state takeover of the $110 million.   NHMS, without access to a list of JUA policy holders, spent considerable time, effort and expense to help the law firm secure several hundred physicians to join Dr. Georgia Tuttle, Lakes Region and Derry Medical, as plaintiffs in the successful class action suit.  And finally, NHMS worked for this past year to help locate “lost” policy holders to make sure they would receive their rightful distribution. 

NHMS has been the driving force behind the 14 years of effort to have the excess surplus JUA premium dollars returned to policyholders.  To memorialize the successful effort of NHMS and the lead plaintiffsand to show support for our profession, NHMS current and past leaders are encouraging JUA policyholders who received a distribution to donate a small percentage to the Medical Society’s non-profit John P. Bowler Memorial Library Fund.

The Bowler Fund was incorporated in 1974, exclusively for charitable, educational and scientific purposes.  The Bowler Fund supports scholarships for medical students to attend educational programs and a variety of continuing medical educational programs for all physicians -- not just Medical Society members.


Click here for more information on how to donate to the Bowler Fund.

Please email any questions or comments to president@nhms.org or post a comment below.