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New Hampshire Medical Malpractice Insurance

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Cunningham Group is here for New Hampshire Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
Experience excellent customer service with our dedicated account team.

Cunningham Group Has You Covered

On average, Cunningham Group saves Physicians and Medical Professionals 20% on their medical malpractice insurance.

2021 New Hampshire Malpractice Insurance Marketplace Guide

New Hampshire Med-Mal Fast Facts

  • Most Common Limits of Liability: $1 million/$3 million
  • Major Malpractice Insurers:
    • ProSelect Insurance Company
    • Medical Mutual Insurance Company of Maine
    • Medical Protective Company
    • Lexington Insurance Company
    • Connecticut Medical Insurance Company
  • Cost of Medical Malpractice Insurance: Moderate
  • Pending State Legislation in 2021 that could affect your rates?: No

The New Hampshire Malpractice Landscape

New Hampshire physicians enjoy moderate malpractice rates, a legacy of the state’s long history of nurturing and regulating its insurance market. Established in 1851, the New Hampshire Insurance Department was the first insurance regulatory agency in the United States, and the responsibilities of the department are codified in the state’s constitution. Since 1978, the Insurance Department has operated the New Hampshire Medical Malpractice Joint Underwriting Association (NHMMJUA), which is entrusted with protecting the public good by ensuring the existence of a competitive medical malpractice insurance marketplace. The NHMMJUA was created to reverse a tide of skyrocketing premiums and dwindling insurance options that was overwhelming New Hampshire by the mid-1970s. The JUA Plan offers medical malpractice insurance to any physician at market rates, even those who are refused coverage through the commercial market. This has been a particular boon to high-risk providers like obstetricians and surgeons, who might have found practice in New Hampshire difficult to continue otherwise.

Tort Reform in New Hampshire

In addition to the NHMMJUA and the strong insurance market, the Granite State has also implemented tort reforms to improve the state’s medical liability climate. Unfortunately, some of these reforms have not stood the test of time, with the New Hampshire Supreme Court twice overturning caps on noneconomic damages, first in 1980, when a cap of $250,000 was overturned, and again in 1991, when an $875,000 cap was overturned.

In 2005, New Hampshire began requiring all medical malpractice claims to first be submitted to a non-binding panel chaired by a retired judge and including one physician and one lawyer. The three-member panel screens all medical malpractice claims and votes on whether the lawsuit has merit. Unfortunately, the panel has little teeth, as the finding is non-binding and a case can proceed even if the panel finds it to be without merit.

Does New Hampshire have…

  • Damage Caps? No, previous noneconomic damage caps have been overturned twice.
  • Patient Compensation Fund? No
  • Apology Law? Yes, statements and expressions of sympathy to the individual or the individual’s family can be made; statements of fault, negligence or culpable conduct are admissible.
  • Collateral Source Reform? No, the New Hampshire Supreme Court has held abolition of the collateral source rule to be unconstitutional.
  • Periodic Payments? Yes, the court can order periodic payments, but specific requirements for periodic payments for medical malpractice cases have been ruled unconstitutional.
  • Joint Liability Reform? Yes, defendants who are judged to be less than 50 percent at fault are liable only for their share of damages. Those that are 50 percent or more at fault are fully liable.
  • Limits on Plaintiff Attorney’s Fees? Yes, for settlements of $200,000 or more, the court must approve attorney fees. Specific limits for attorney fees in medical liability cases have been ruled unconstitutional.

Medical Malpractice Rates in New Hampshire


Medical malpractice rates in New Hampshire are moderate. Though rates are not as low as in some states, New Hampshire physicians enjoy enviable premiums when compared with many of their counterparts in nearby states. In recent years, general practitioners in New Hampshire can expect to find premiums in the mid-teens, while specialists like obstetricians should be able to find policies for under $80,000. In recent years, premiums have held fairly steady.

Get Historic Rates

By combining our efforts with those of the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance news, as well as the political, legal and risk management issues that affect the healthcare industry – we’ve published historic rate data for every county in the Granite State. You can view all the rates by completing the three simple steps on the left of this page. You’ll find the insights offered by this information invaluable when making your decision on your medical malpractice insurance coverage and carriers. This is only one of the many reasons that Cunningham Group Insurance has become the preferred online source for New Hampshire physicians, healthcare professionals and medical groups looking to find the best coverage and lower their medical malpractice insurance rates.

Coverage by New Hampshire County

Rates are the same across the 10 counties of New Hampshire. Though about half of the state’s residents live in two counties (Hillsborough and Rockingham), physicians in those counties will enjoy the same moderate rates as those in the rest of the state.

Rates have been reasonable long enough that the state has decided to unwind its Joint Underwriting Association, which had offered coverage to hard-to-insure healthcare workers. In September 2018, a Merrimack Superior Court judge approved a plan to disburse some $85 million held by the New Hampshire Medical Malpractice Joint Underwriting Association (JUA) to healthcare providers who were insured by the organization, marking the final necessary approval in a class-action case involving a state-run entity offering malpractice insurance to doctors, hospitals and other healthcare providers that has been in the works for years. In total, the returns to policyholders — who number more than 3,500 healthcare providers — will be 81 percent of the premiums they paid to the JUA since 1986 for malpractice coverage.

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