New Hampshire law
Long-Term Disability & ERISA Laws in New Hampshire.
Most private long-term disability (LTD) insurance is employer-sponsored and governed by ERISA, which preempts state contract and bad-faith claims. ERISA claims must exhaust internal appeals and are reviewed under a deferential standard if the plan grants discretion. Individual (non-ERISA) policies are governed by New Hampshire contract law and may support common-law bad-faith claims and Consumer Protection Act claims. Punitive damages are generally unavailable.
Last verified: 2026-04-17
State law
Key New Hampshire Statutes
ERISA preempts state-law breach of contract and bad-faith claims for employer-sponsored LTD plans.
For non-ERISA individual LTD policies, New Hampshire recognizes common-law bad-faith claims based on breach of implied covenant of good faith. Consumer Protection Act may also apply. No common-law punitives.
De novo unless the plan grants discretion; then abuse-of-discretion applies.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.
Next step
Move from state law into guided help or attorney search.
If you want help applying this information to your situation, start with guided help or browse attorneys for this issue in New Hampshire.
More in New Hampshire
Other state law topics.
Personal Injury Laws·Criminal Defense Laws·Family Laws·Immigration Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws