Update – June 2018

The New Hampshire Superior Court has entered an Order preliminarily certifying this case as a class action and appointing attorneys Kevin M. Fitzgerald, Esq. and W. Scott O’Connell, Esq. of Nixon Peabody LLP as Class Counsel. The Court will consider final certification of the class and the Plan of Allocation at a hearing to be held on August 21, 2018. If you are a Class Member, your rights will be affected by this legal action. Please read this website and the Notice carefully.

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 has preliminarily certified this case as a class action and will consider final certification of the class and the Plan of Allocation, Case Contribution Awards, and Request for Attorneys' Fees (“Plan of Allocation”) at a hearing to be held on AUGUST 21, 2018. You will NOT receive another notice of this hearing date. The Court has 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, it is possible that there will be more than one distribution to Class Members. This is because approximately $25 million has been reserved from distribution in the event the IRS contests any of the final tax filings made by the NHMMJUA. The deadline for the IRS to contest these filings is September 2, 2018. The full amount of funds available for distribution should be known later this year.

What Are My Options?

Final Hearing

A Final Hearing will be held on August 21, 2018 at 10:00 a.m. 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.

Distributions to Class Members will not occur until the Court approves the Plan of Allocation and any appeal period associated with such order has expired.

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
July 16, 2018
Postmark deadline for written notice to Claims Administrator for those who did not receive a distribution in Tuttle II but who believe he/she/it is a Class Member

July 30, 2018
Postmark deadline for written notice to Claims Administrator from Class Members or Putative Class Members with any objection to the Plan of Allocation

July 30, 2018
Postmark deadline for written notice to Claims Administrator from Class Members or Putative Class Members who wish to speak to the Court at the Final Hearing concerning the Plan of Allocation

August 21, 2018 Court hearing on the Plan of Allocation at 10:00 a.m., Merrimack County Superior Court, Concord, NH


Your Options


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