SB 462 - AS AMENDED BY THE SENATE

04/05/2024   1112s

2024 SESSION

24-3015

09/08

SENATE BILL 462

AN ACT relative to raising the cap on damages for wrongful death loss of consortium claims.

SPONSORS: Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Abbas, Dist 22; Sen. Soucy, Dist 18; Rep. Kuttab, Rock. 17

COMMITTEE: Judiciary

─────────────────────────────────────────────────────────────────

AMENDED ANALYSIS

This bill raises the cap on damages for wrongful death loss of consortium claims.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/05/2024   1112s 24-3015

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to raising the cap on damages for wrongful death loss of consortium claims.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Probate Courts and Decedents' Estates; Suits by and Against Administrators; Damages for Wrongful Death, Elements.  Amend RSA 556:12 to read as follows:

556:12 Damages for Wrongful Death, Elements.

I. If the administrator of the deceased party is plaintiff, and the death of such party was caused by the injury complained of in the action, the mental and physical pain suffered by the deceased in consequence of the injury, the reasonable expenses occasioned to the estate by the injury, the probable duration of life but for the injury, and the capacity to earn money during the deceased party's probable working life, may be considered as elements of damage in connection with other elements allowed by law, in the same manner as if the deceased had survived.

II. In addition, the trier of fact may award damages to a surviving spouse of the decedent for the loss of the comfort, society, and companionship of the deceased; however, where fault on the part of the decedent or the surviving spouse is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. In no event shall damages awarded under this paragraph exceed [$150,000] $500,000.

III. In addition, where the decedent is a parent of a minor child or children, the trier of fact may award damages to such child or children for the loss of familial relationship, whether caused intentionally or by negligent interference; where the decedent is a minor child with a surviving parent or parents, the trier of fact may award damages to such parent or parents for the loss of familial relationship, whether caused intentionally or by negligent interference. However, where fault on the part of the decedent or the claimant is found to have caused, in whole or in part, the loss complained of, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d. For purposes of this paragraph, loss of familial relationship shall include the loss of the comfort, society, affection, guidance, and companionship of the deceased. In no event shall damages awarded under this paragraph exceed [$50,000] $300,000 per individual claimant.

2  Effective Date.  This act shall take effect January 1, 2025.

LBA

24-3015

4/18/24

SB 462- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-1112s)

AN ACT relative to raising the cap on damages for wrongful death loss of consortium claims.

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

METHODOLOGY:

This bill raises the cap on damages for wrongful death loss of consortium claims.  The Insurance Department indicates this bill, as amended by the Senate, would potentially impact any individual or business entity (profit or non-profit) that could be liable for a negligent act that results in the death of another.  The bill would also likely impact related insurance that provides liability coverage.  The primary lines of insurance likely to be impacted are commercial general liability, professional liability including medical malpractice and commercial automobile.  Other lines of insurance may also be impacted including, but are not limited to, homeowners insurance.

There would be no fiscal impact to the operations of the Insurance Department as a result of this amendment.  The change would likely have economic impacts to insurance markets and put upward pressure on premiums.  This pressure would increase premium tax revenue buy an  indeterminable amount.

Any increased in litigation costs would have a direct impact on premiums across multiple industries.  To the extend that state, county or local governments purchase commercial general liability, professional liability including medical malpractice or commercial automobile insurance there may be an increase in state, county and local expenditures.

AGENCIES CONTACTED:

Insurance Department