HB1259: relative to subrogation claims and liens in civil actions.

CHAPTER 364

HB 1259 – FINAL VERSION

03Mar2010… 0777h

05/12/10 1925s

2010 SESSION

10-2257

06/03

HOUSE BILL 1259

AN ACT relative to subrogation claims and liens in civil actions.

SPONSORS: Rep. Nixon, Hills 17; Rep. Rowe, Hills 6; Rep. Craig, Hills 9; Rep. McEachern, Rock 16

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the court to order a division of expenses and costs of the action in subrogation claims and liens.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0777h

05/12/10 1925s

10-2257

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to subrogation claims and liens in civil actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

364:1 New Section; Subrogation Claims. Amend RSA 507 by inserting after section 7-i the following new section:

507:7-j Subrogation Claims. Whenever a subrogation claim pursuant to a contract of insurance is asserted for reimbursement of medical expenses as to a plaintiff’s recovery against a third party, the court in which the action is pending shall order such division of expenses and costs of the action, including attorneys’ fees, between the plaintiff and the insurance carrier and the medical provider, as justice may require.

364:2 Effective Date. This act shall take effect January 1, 2011.

Approved: July 23, 2010

Effective Date: January 1, 2011