Current through the 2024 Legislative Session
Section 146-C:11-b - Limited Liability for FiduciariesI.A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11.II.Nothing in this section shall preclude claims under RSA 146-C:11 against: (a) A fiduciary in its representative capacity;(b) The assets of the estate or trust administered by a fiduciary; or(c) Non-employee agents or independent contractors retained by a fiduciary.III.Nothing in this section shall preclude claims to recover costs under RSA 146-C:11 against fiduciaries in their individual capacity based on negligence or intentional misconduct. Fiduciaries shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors. 1993, 323:9, eff. Aug. 22, 1993.