New Hampshire

Blue Cross of California v. Anselmo in New Hampshire Law

How Blue Cross of California v. Anselmo applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Insurance Law.

State Approach

New Hampshire law closely follows principles of insurance contract interpretation, emphasizing the intentions of the parties and adhering to the plain language of the contract. The state recognizes the importance of clear policy language and the obligations of insurers to act in good faith and fair dealing.

State Rule
In New Hampshire, insurance contracts are interpreted using the reasonable expectations doctrine, which seeks to enforce the actual intent of the parties as discerned from the policy language.
Significant State Cases

Baker v. Harvard Pilgrim Health Care

The court held that ambiguous terms in an insurance policy should be construed in favor of the insured, which aligns with the principles of Blue Cross of California v. Anselmo.

McGowan v. New Hampshire Insurance Co.

The court ruled that insurers must provide clear disclosure of coverage limits, reflecting the need for transparency in insurance agreements.

Gordon v. Aetna Life Insurance Co.

The court emphasized that reasonable expectations of the insured must be considered, affirming the duty of good faith and fair dealing.

Comparison to Federal Law

New Hampshire's approach mirrors federal interpretations, especially concerning the reasonable expectations of policyholders. However, New Hampshire places a stronger emphasis on the transparent communication of policy terms to avoid ambiguity.

Bar Exam Note

The principles established in Blue Cross of California v. Anselmo may appear in the New Hampshire bar exam, particularly under topics related to insurance contract interpretation and duties of good faith.

Practice Pointers
  • Always carefully analyze policy language for potential ambiguities when advising clients.
  • Educate clients on their rights and expectations under their insurance policies to avoid disputes.
  • Stay updated on New Hampshire case law that interprets insurance contracts, as this can affect claims handling and litigation.

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