Gonya v. Commissioner, New Hampshire Insurance Department
Supreme Court of New Hampshire
1Opinion of the CourtDuggan, J.
The petitioners, Venise Theresa Gonya and Roxane S. Scaife, appeal an order of the Superior Court {McGuire, J.) denying their petition to declare RSA 402-C:40, I (1998) unconstitutional and enjoin its enforcement. We affirm.
The record reflects the following undisputed facts. Each petitioner represents the estate of a deceased tort claimant. Among the defendants in the tort cases are two corporations that were insured under excess liability policies issued by The Home Insurance Company (Home), a New Hampshire insurance company. On June 13, 2003, the Superior Court {McGuire, J.) placed Home in…
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