New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 259:61 (2026)
Motor Vehicle Liability Policy
✓ current as of May 2026
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259:61 Motor Vehicle Liability Policy. –
"Motor vehicle liability policy" shall mean a policy of liability insurance which provides:
I. Indemnity for or protection to the insured and any person responsible to the insured for the operation of the insured's motor vehicle, trailer, or semi-trailer who has obtained possession or control thereof with the insured's express or implied consent, against loss by reason of the liability to pay damages to others for damage to property, except property of others in charge of the insured or his or her employees, or bodily injuries, including death at any time resulting therefrom, accidentally sustained during the term of said policy by any person other than the insured, or employees of the insured actually operating the motor vehicle or such other persons who are entitled to payments or benefits under the provisions of any workers' compensation act arising out of the ownership, operation, maintenance, control, or use within the limits of the United States of America, its territories or possessions, and the Dominion of Canada of such motor vehicle, trailer, or semi-trailer, to the amount or limit of at least $25,000 on account of injury to or death of any one person, and subject to such limit as respects injury or death of one person, of at least $50,000 on account of any one accident resulting in injury to or death of more than one person, and at least $25,000 for damage to property of others, as herein provided, or a binder pending the issuance of such a policy or an existing policy, as defined in RSA 264:14, RSA 264:18, and RSA 264:19.
II. Which further provides indemnity for or protection to the named insured, any relative of the named insured by marriage, blood, or adoption who is a resident of the same household, or any domestic servant acting within the scope of the employment of any such named or resident insured from liability as a result of accidents which occur within the limits of the United States of America, its territories or possessions, and the Dominion of Canada due to the operation of any motor vehicle, trailer, or semi-trailer not owned in whole or in part by such insured; provided, however, the insurance afforded under this paragraph applies only if no other valid and collectible insurance is available to the insured.
III. The coverages described in paragraphs I and II, except as to the minimum financial responsibility limits, shall not apply to any insured operator whose driver's license has been suspended or revoked if the applicable motor vehicle liability policy so provides. Coverage under RSA 264:15 or RSA 264:16 shall not apply to any insured operator whose driver's license has been suspended or revoked if the applicable motor vehicle liability policy so provides.
IV. The minimum coverage requirements described in paragraphs I and II and in RSA 264:15 and RSA 264:16 shall not apply to any tractor with a farm tractor registration if an insured, at the insured's election, purchases a liability policy other than a motor vehicle policy to cover the tractor.
"Motor vehicle liability policy" shall mean a policy of liability insurance which provides:
I. Indemnity for or protection to the insured and any person responsible to the insured for the operation of the insured's motor vehicle, trailer, or semi-trailer who has obtained possession or control thereof with the insured's express or implied consent, against loss by reason of the liability to pay damages to others for damage to property, except property of others in charge of the insured or his or her employees, or bodily injuries, including death at any time resulting therefrom, accidentally sustained during the term of said policy by any person other than the insured, or employees of the insured actually operating the motor vehicle or such other persons who are entitled to payments or benefits under the provisions of any workers' compensation act arising out of the ownership, operation, maintenance, control, or use within the limits of the United States of America, its territories or possessions, and the Dominion of Canada of such motor vehicle, trailer, or semi-trailer, to the amount or limit of at least $25,000 on account of injury to or death of any one person, and subject to such limit as respects injury or death of one person, of at least $50,000 on account of any one accident resulting in injury to or death of more than one person, and at least $25,000 for damage to property of others, as herein provided, or a binder pending the issuance of such a policy or an existing policy, as defined in RSA 264:14, RSA 264:18, and RSA 264:19.
II. Which further provides indemnity for or protection to the named insured, any relative of the named insured by marriage, blood, or adoption who is a resident of the same household, or any domestic servant acting within the scope of the employment of any such named or resident insured from liability as a result of accidents which occur within the limits of the United States of America, its territories or possessions, and the Dominion of Canada due to the operation of any motor vehicle, trailer, or semi-trailer not owned in whole or in part by such insured; provided, however, the insurance afforded under this paragraph applies only if no other valid and collectible insurance is available to the insured.
III. The coverages described in paragraphs I and II, except as to the minimum financial responsibility limits, shall not apply to any insured operator whose driver's license has been suspended or revoked if the applicable motor vehicle liability policy so provides. Coverage under RSA 264:15 or RSA 264:16 shall not apply to any insured operator whose driver's license has been suspended or revoked if the applicable motor vehicle liability policy so provides.
IV. The minimum coverage requirements described in paragraphs I and II and in RSA 264:15 and RSA 264:16 shall not apply to any tractor with a farm tractor registration if an insured, at the insured's election, purchases a liability policy other than a motor vehicle policy to cover the tractor.
Source. 1927, 54:1. 1937, 161:1. 1941, 198:4. RL 122:1. 1949, 188:1. RSA 268:1, VII. 1969, 316:1. 1971, 456:1. 1981, 146:1; 507:1, 5. 1990, 114:5. 2004, 187:1, eff. July 31, 2004. 2014, 144:1, eff. Aug. 15, 2014; 276:1, eff. Sept. 26, 2014. 2016, 112:1, eff. July 19, 2016.
Notes of Decisions
Cited in 33
cases, 1983–2020 · leading case: United Servs. Auto. Ass'n v. Wilkinson, 569 A.2d 749 (N.H. 1989).
United Servs. Auto. Ass'n v. Wilkinson, 569 A.2d 749 (N.H. 1989). “RSA 259:61 (emphasis added). U.S. Fire’s umbrella-type policy does not insure Harvey’s vehicles, in particular.”
Banfield v. Allstate Ins., 880 A.2d 373 (N.H. 2005). “” In support of this contention, she argues that the policy meets the definition of a “motor vehicle liability policy” under RSA 259:61 (Supp. 2004) because the policy “provide[s] liability coverage to its insured for use of a motor vehicle identifiable as covered under the…”
Rivera v. Liberty Mut. Fire Ins., 44 A.3d 498 (N.H. 2012). “When an insured elects to purchase liability insurance in an amount greater than the minimum coverage required by RSA 259:61, the insured’s uninsured motorist coverage shall automatically be equal to the liability coverage elected.”
Wegner v. Prudential Prop. & Cas. Ins., 803 A.2d 598 (N.H. 2002). “When an insured elects to purchase liability insurance in an amount greater than the minimum coverage required by RSA 259:61, his uninsured motorist coverage shall automatically be equal to the liability coverage elected.”
Jones v. Shelter Mut. Ins. Companies, 738 N.W.2d 840 (Neb. 2007). “3091 (2005); N.H. Rev. Stat. Ann. § 259:61 (Cum. Supp.”
Dionne v. City of Manchester, 589 A.2d 1016 (N.H. 1991). “The insurance commissioner shall approve a form of policy which contains the name and address of the insured, a description of the vehicles covered, the premium charges therefor, the policy period, the limits of liability as between the insured and the insurance company, and an…”
Swain v. Employers Mut. Cas. Co., 845 A.2d 1239 (N.H. 2004). “When an insured elects to purchase liability insurance in an amount greater than the minimum coverage required by RSA 259:61, his uninsured motorist coverage shall automatically be equal to the liability coverage elected.”
Gisonni v. State Farm Mut. Auto. Ins., 687 A.2d 709 (N.H. 1996). “When an insured elects to purchase liability insurance in an amount greater than the minimum coverage required by RSA 259:61, his uninsured motorist coverage shall automatically be equal to the liability coverage elected.”
Trombley v. Liberty Mut. Ins., 813 A.2d 1202 (N.H. 2002). “at 384 ; see also RSA 259:61 (1993). Our Financial Responsibility Act requires that: No policy shall be issued under the provisions of RSA 264:14, with respect to a vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental…”
Universal Underwriters Ins. v. Allstate Ins., 592 A.2d 515 (N.H. 1991). “2d 891 (1976) governs this appeal and, therefore, that the provision in the Universal policy that its coverage is “excess” when the insured vehicle is operated by a permissive user is invalid under the Financial Responsibility Act, RSA 259:61. We agree. In Liberty Mutual we…”
Progressive N. Ins. v. Argonaut Ins., 20 A.3d 977 (N.H. 2011). “The endorsement states: The limits for Liability Coverage applicable to “bodily injury”, “property damage” or “loss” arising out of the use of covered “autos” owned by you and “furnished or available for regular use” of owners, partners, officers, employees, spouses, children or…”
Allstate Ins. v. Armstrong, 738 A.2d 1280 (N.H. 1999). “The minimum coverage required by RSA 259:61 (1993) is “at least $25,000 on account of injury to or death of any one person, and subject to such limit as respects injury or death of one person, [and] at least $50,000 on account of any one accident resulting in injury to or death…”
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