New Hampshire Disability Insurance Claims

We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.

We consult with physicians, dentists, attorneys and business executives filing disability claims throughout New Hampshire, including the Manchester and Concord areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Below are some resources for policyholders filing disability insurance claims in New Hampshire. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does New Hampshire Recognize Insurance Bad Faith?

New Hampshire recognizes bad faith in certain circumstances. As explained by the Supreme Court of New Hampshire, “[a] breach of contract standing alone does not give rise to a tort action; however, if the facts constituting the breach of the contract also constitute a breach of duty owed by the defendant to the plaintiff independent of the contract, a separate tort claim will lie.” Bennett v. ITT Hartford Grp., Inc., 150 N.H. 753, 757, 846 A.2d 560, 564 (2004) (internal citations omitted).

As just a few examples of additional rules and limitations that the Supreme Court of New Hampshire has set, the Court has determined that “allegations of an insurer’s wrongful refusal to settle or delay in settling a first-party claim do not state a cause of action in tort.” Id. At the same time, the Supreme Court of New Hampshire has also recognized that “full payment of the policy limits does not necessarily satisfy the contractual obligation of good faith; and, the damages recoverable for an insurer’s breach of a contractual obligation of good faith and fair dealing may exceed the amount the insurer would have had to pay in the performance of the contract.” Id. Thus, in New Hampshire, what is being claimed and asked for as recovery is important.

The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.

You should always speak with an attorney before making any legal arguments relating to your disability claim.

Notable New Hampshire Disability Insurance Cases

Mut. Ben. Life Ins. Co. v. Gruette, 129 N.H. 317, 529 A.2d 870 (1987) (New Hampshire policyholder failed to disclose that he had other disability insurance coverage when applying for a second disability policy, in order to get a higher monthly benefit under the second policy; the disability insurance company discovered this and rescinded/voided his disability policy; the court ruled in favor of the insurer and determined it was reasonable for the insurer to base max benefits on a certain percentage of the applicant’s income and to factor in other insurance coverage).

Burt v. Aetna Cas. & Sur. Co., 112 N.H. 29, 290 A.2d 49 (1972) (New Hampshire mill worker filed for disability due to a ruptured disc and subsequent back injury; his disability policy only covered disabilities that were not otherwise covered by workers’ compensation benefits; he first claimed under workers’ compensation and it was contested then settled; he then tried to submit a claim under the disability policy; the appellate court held in favor of the disability insurer and determined that the trial court should have required an expert and should not have submitted the case to a jury).

Common Disability Claim Questions

What should I expect when filing a disability claim?

What issues am I most likely to face handling my disability insurance claim alone?

Why are disability insurance claims made by physicians, dentists and other professionals especially targeted for denial or termination?

My disability claim was just denied. What should I do now?

What can my insurance company do when it is investigating my claim?

Do insurance companies conduct surveillance and, if so, when are they watching?

Why does my insurer want to conduct a field interview?

How can I tell if I have a true own-occupation policy?

What are the different types of disability policies?

New Hampshire Federal District Court Locations

Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in New Hampshire, but there may be satellite courthouses that are closer to where you live.

Concord. 55 Pleasant Street, Room 110, Concord, NH 03301.

Who Do Your Disability Insurance Attorneys Represent?

The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.

Professionals

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Disabling Conditions

The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.

Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.

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