Fitzgerald, Kevin M. (8-18)

To the editor,

We are counsel to the JUA Policyholders in their continuing battles to protect their vested property rights in the JUA surplus funds.

Recent characterizations of Representative Fran Wendelboe’s position on the JUA fund by her Republican primary opponent are inaccurate and warrant correction. From the outset of this controversy, Representative Wendelboe has consistently challenged the Governor Lynch’s attempts to take JUA funds for the state’s use, demanded answers from Democratic leadership on the House floor, and then insisted on a roll call vote on who supported taking the JUA funds belonging to policyholders. She has consistently voted to acknowledge and respect the vested property rights of the policyholders and to oppose the state’s efforts to take the money over policyholders’ objections. It was not until it became apparent the governor intended to ignore the court decision, and attempts by the policyholders to come to an amicable resolution were rebuffed, that Rep Wendelboe offered to try to facilitate a legislative agreement.

After consulting with us in our role as counsel and with our support, Representative Wendelboe presented an amendment that proposed an agreed resolution of the JUA dispute. Indeed, we and the lead policyholders testified before the legislature in SUPPORT of the Wendelboe amendment. Representative Wendelboe has been a constructive, innovative and solution-oriented legislator trying to end court fights and help policyholders obtain justice that has been denied by concerted action of the Insurance Department and the governor as the original sponsors of the attempted JUA taking that declared unconstitutional by the N.H. Supreme Court earlier this year. Indeed, Representative Wendelboe has continued to work to build support in the legislature for a compromise position to bring a long overdue solution to this constitutional violation.

The policyholders have been compelled to litigate to oppose conduct that evidences government at its worst; Representative Wendelboe recognized that and has tried to fix it. We view all of her efforts as sincere, thoughtful and consensus driven and are truly sorry her primary opponent has attempted to use her good deeds against her for political gain. Practically, to continue advocating a strident position that there be no negotiation attempt (while certainly justified), does not help the policyholders get relief from this improper property rights violation.

Please recognize Representative Wendelboe’s clear record of agreeing that every penny of the money belongs to the JUA policyholders and not the state; she has worked as hard as anyone in the Legislature to try to secure a prompt and just solution. She has earned our respect and appreciation for these efforts.

Kevin M. Fitzgerald

W. Scott O’Connell

Gordon J. MacDonald

Counsel for the JUA Policyholders