Negligence, damages, legal liability and liability policy structure are covered in the national Casualty Insurance Basics guide. This guide covers New Hampshire's comparative fault law (RSA 507:7-d and 507:7-e), its commercial cancellation law (RSA 417-C) and other casualty rules from RSA 412.

Comparative fault (RSA 507:7-d, 507:7-e)

• A plaintiff's own fault doesn't bar recovery if it was not greater than the fault of the defendant, or the defendants combined. Damages are reduced in proportion to the plaintiff's fault.

• Several liability. A defendant less than 50% at fault pays only its own share. The exception is parties who knowingly pursued a common plan.

Commercial cancellation and nonrenewal (RSA 417-C)

Scope. The law doesn't apply to mortgage guaranty, surety bonds, workers' comp, or policies covered by RSA 417-A (auto) or 417-B (personal property).

Allowed reasons for cancellation (417-C:1)

• nonpayment
• fraud or material misrepresentation, or violation of policy terms
• a change in risk that substantially increases a hazard

Notice (417-C:2 to 417-C:4)

• Cancellation: at least 60 days, with reasons. 10 days for nonpayment, a substantial increase in hazard, or a new policy within its first 60 days.
• Nonrenewal: 60 days' notice. If it's late, coverage continues on the same terms until the 60 days are met.
• Renewal premium increases:
  • 25% or less needs at least 30 days' notice.
  • More than 25% follows the 60-day nonrenewal rule.
• Insured's cancellation. The insurer must honor an insured's specific request to cancel, with any contract notice period capped at 10 days.

Other casualty rules (RSA 412)

• Criminal fines. No policy may cover a fine or penalty for a crime, though it may cover defense costs and restitution to injured parties (412:5, III).
• Form filing exemptions. Some commercial forms skip the form-filing waiting period. These include fidelity, excess and umbrella, D&O, fiduciary, EPL, E&O and product liability (412:5, I-a).
• Schedule rating for management, safety and loss control is limited to plus or minus 40% (412:15, IV).
• Rate classifications may not be based on race, creed, national origin or religion.
• Large commercial policyholders. Policies exempt from rate and form requirements must carry a conspicuous 10-point bold disclaimer that the insured signs (412:7).
• Certificates of insurance are for information only. They confer no rights and can't amend the policy. Only an additional insured named in the policy gets notice rights (412:6-b).
• Casualty line of authority (402-J:7). It covers legal liability, including liability for death, injury, disability, or damage to property.

The guaranty association (RSA 404-H)

• The New Hampshire Insurance Guaranty Association pays covered claims of insolvent P&C insurers up to $300,000 per claim. Workers' comp claims are paid in full.
• Claims must arise within 30 days after the liquidation order.
• Claimants exhaust other coverage first, including UM.
• It excludes fidelity and surety bonds, title, credit and ocean marine.

Common exam traps

• A New Hampshire plaintiff recovers if their fault is not greater than the defendants'. Someone at 50% still recovers half.
• A defendant under 50% at fault pays only its own share.
• Commercial cancellation notice is 60 days. Renewal increases over 25% need 60 days' notice too.
• Insurance can't cover criminal fines.