RSA 146-C:11-b · Limited Liability for Fiduciaries

146-C:11-b Limited Liability for Fiduciaries. –

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I.

A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11.

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II.

Nothing in this section shall preclude claims under RSA 146-C:11 against:

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(a)

A fiduciary in its representative capacity;

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(b)

The assets of the estate or trust administered by a fiduciary; or

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(c)

Non-employee agents or independent contractors retained by a fiduciary.

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III.

Nothing in this section shall preclude claims to recover costs under RSA 146-C:11 against fiduciaries in their individual capacity based on negligence or intentional misconduct. Fiduciaries shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors. Source. 1993, 323:9, eff. Aug. 22, 1993.

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