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When is a smell more than a smell?

Mellin v. Northern Security Insurance Company, Inc., No. 2014-020, slip op. (N.H. Apr. 24, 2015) According to a recent decision of the Supreme Court of New Hampshire, a smell can be so significant that it constitutes a “physical loss” for purposes of insurance coverage. Specifically, in Mellin v. Northern Security Insurance Company, Inc., No. 2014-020, [...]

New Hampshire Supreme Court Finds No Insurance Coverage For Mother Of Police Shooter

Amica Mut. Ins. Co. v. Mutrie, No. 2013-400, slip op. (N.H. Nov. 13, 2014) On April 12, 2012, Cullen Mutrie shot and killed Greenland police chief Michael Maloney and wounded four other police officers, before killing his girlfriend and himself.  The shooting occurred when the officers attempted to execute a search warrant. The officers were [...]

Don’t let the bed bugs bite

A tenant’s failure to allow the landlord to perform remediation of bed bug (or another pest) infestation is now a specific ground for eviction under RSA 540:2, II(g).  By statute, the tenant is now liable for paying for remediation where he is responsible.  The tenant is presumed responsible if, during the 6 months prior to [...]

Understanding the Social Security Disability Claims Process

In addition to providing for retirement income, Social Security also provides benefits for those who are disabled and find themselves unable to work or otherwise struggling to make ends meet because of a “disability.” But obtaining benefits under either the Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) programs is not as easy [...]

New Hampshire Trusts: A Powerful Estate Planning Tool

If you were to ask most folks the first word that pops into their head when they think of an “estate planning document,” their likely answer would be “will.” However, one of the most powerful estate planning tools is in fact a trust. If you are in the process of establishing or evaluating your estate [...]

What kind of behavior is covered by the Consumer Protection Act?

The New Hampshire Supreme Court answered this question in part in State v. James Moran d/b/a Exterior Solutions, The Supreme Court considered the appeal of Mr. Moran, who had been convicted criminally under the Consumer Protection Act (CPA) for taking payment for a vinyl siding job and never performing the work, despite repeated requests. The [...]

The Importance of Having New Hampshire Uninsured Motorist Coverage

There are many things that make the Granite State unique. One notable distinction is that New Hampshire is the only state in the union that does not have a compulsory insurance liability law—auto insurance is not required if the driver complies with alternative financial responsibility requirements. According to the Insurance Research Council, approximately 11% of motorists [...]

Title Insurance and Real Estate Attorneys: Why They’re Important and How They Can Help Protect Your Rights

When buying or selling a home, some problems are fairly easy to discover. Issues with construction, mold, flooding, or other structural defects may take a professional inspector to expose, but provided the inspector does his/her job and the sellers and seller’s agent are forthright, these issues should come to light before the transaction closes. When [...]

“Discovery” Can Take Time But is a Critical Part of a Lawsuit

Clients often ask why their lawsuit is taking so long to resolve. The slow turning of the wheels of justice is a source of understandable frustration for clients, especially for those with cases that appear relatively simple and straightforward. Notwithstanding our efforts to bring matters to a successful conclusion as quickly as possible, key elements [...]

New Hampshire Medical Malpractice Panels

Next year will mark a decade since New Hampshire lawmakers passed legislation creating a unique system for handling medical malpractice cases. Concerned with the rising price of medical malpractice insurance and the associated financial and treatment impacts those skyrocketing costs were having on doctors and patients, the legislature in 2005 started requiring that all medical [...]