Tuttle v. New Hampshire Medical Malpractice Joint Underwriting Ass'n

DALIANIS and Duggan, JJ.,

dissenting. The court today overturns a legislative decision to allocate $110 million to programs that promote access *659to needed health care for underserved persons and, instead, creates a potential $110 million windfall for the doctors, hospitals and other health care providers insured by the New Hampshire Medical Malpractice Joint Underwriting Association (JUA). Although one of the stated purposes of the JUA is to “promote the public interest in ensuring that consumers of health care services have adequate access to needed care,” N.H. ADMIN. RULES, Ins 1701.01, and…