New Hampshire is asking the state Supreme Court to reconsider a recent claim to a $110 million in surplus from a fund that underwrites medical malpractice insurance.
The court ruled last month, in a 3-2 decision, that policyholders' had a constitutionally protected contractual right to the money. The court said the state could not change law to apply retroactively to the contracts and take the surplus.
On Monday the state asked the court to rehear the case. The state claims that the court disregarded important facts and expanded the definition of vested rights to apply to policyholders, shifting the burden of proof to the state.
The state Supreme Court's ruling adds $45 million to New Hampshire budget shortfall.
If you or a loved one has been the victim of medical malpractice or negligence, please contact a Philadelphia medical malpractice attorney of Lowenthal & Abrams, P.C. by calling 215-329-3511.


