New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 491:22 (2026)
Declaratory Judgments
✓ current as of May 2026
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491:22 Declaratory Judgments. –
I. Any person claiming a present legal or equitable right or title may maintain a petition against any person claiming adversely to such right or title to determine the question as between the parties, and the court's judgment or decree thereon shall be conclusive. The taxpayers of a taxing district in this state shall be deemed to have an equitable right and interest in the preservation of an orderly and lawful government within such district; therefore any taxpayer in the jurisdiction of the taxing district shall have standing to petition for relief under this section when it is alleged that the taxing district or any agency or authority thereof has engaged, or proposes to engage, in conduct that is unlawful or unauthorized, and in such a case the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced. The preceding sentence shall not be deemed to convey standing to any person (a) to challenge a decision of any state court if the person was not a party to the action in which the decision was rendered, or (b) to challenge the decision of any board, commission, agency, or other authority of the state or any municipality, school district, village district, or county if there exists a right to appeal the decision under RSA 541 or any other statute and the person seeking to challenge the decision is not entitled to appeal under the applicable statute. The existence of an adequate remedy at law or in equity shall not preclude any person from obtaining such declaratory relief. However, the provisions of this paragraph shall not affect the burden of proof under RSA 491:22-a or permit awards of costs and attorney's fees under RSA 491:22-b in declaratory judgment actions that are not for the purpose of determining insurance coverage.
II. The district court shall have concurrent jurisdiction over such claims arising under its subject matter jurisdiction authority in RSA 502-A except that the defendant shall have the right to remove said declaratory judgment action to the superior court, subject to conditions established by rule of court, if the claim exceeds $1,500. The court of probate shall have exclusive jurisdiction over such claims arising under its subject matter jurisdiction authority in RSA 547 and RSA 552:7.
III. No petition shall be maintained under this section to determine coverage of an insurance policy unless it is filed within 6 months after the filing of the writ, complaint, or other pleading initiating the action which gives rise to the question; provided, however, that the foregoing prohibition shall not apply where the facts giving rise to such coverage dispute are not known to, or reasonably discoverable by, the insurer until after expiration of such 6-month period; and provided, further, that the superior court may permit the filing of such a petition after such period upon a finding that the failure to file such petition was the result of accident, mistake or misfortune and not due to neglect. A petition for declaratory judgment to determine coverage of an insurance policy may be instituted as long as the court has personal jurisdiction over the parties to the matter, even though the action giving rise to the coverage question is brought in a federal court or another state court.
I. Any person claiming a present legal or equitable right or title may maintain a petition against any person claiming adversely to such right or title to determine the question as between the parties, and the court's judgment or decree thereon shall be conclusive. The taxpayers of a taxing district in this state shall be deemed to have an equitable right and interest in the preservation of an orderly and lawful government within such district; therefore any taxpayer in the jurisdiction of the taxing district shall have standing to petition for relief under this section when it is alleged that the taxing district or any agency or authority thereof has engaged, or proposes to engage, in conduct that is unlawful or unauthorized, and in such a case the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced. The preceding sentence shall not be deemed to convey standing to any person (a) to challenge a decision of any state court if the person was not a party to the action in which the decision was rendered, or (b) to challenge the decision of any board, commission, agency, or other authority of the state or any municipality, school district, village district, or county if there exists a right to appeal the decision under RSA 541 or any other statute and the person seeking to challenge the decision is not entitled to appeal under the applicable statute. The existence of an adequate remedy at law or in equity shall not preclude any person from obtaining such declaratory relief. However, the provisions of this paragraph shall not affect the burden of proof under RSA 491:22-a or permit awards of costs and attorney's fees under RSA 491:22-b in declaratory judgment actions that are not for the purpose of determining insurance coverage.
II. The district court shall have concurrent jurisdiction over such claims arising under its subject matter jurisdiction authority in RSA 502-A except that the defendant shall have the right to remove said declaratory judgment action to the superior court, subject to conditions established by rule of court, if the claim exceeds $1,500. The court of probate shall have exclusive jurisdiction over such claims arising under its subject matter jurisdiction authority in RSA 547 and RSA 552:7.
III. No petition shall be maintained under this section to determine coverage of an insurance policy unless it is filed within 6 months after the filing of the writ, complaint, or other pleading initiating the action which gives rise to the question; provided, however, that the foregoing prohibition shall not apply where the facts giving rise to such coverage dispute are not known to, or reasonably discoverable by, the insurer until after expiration of such 6-month period; and provided, further, that the superior court may permit the filing of such a petition after such period upon a finding that the failure to file such petition was the result of accident, mistake or misfortune and not due to neglect. A petition for declaratory judgment to determine coverage of an insurance policy may be instituted as long as the court has personal jurisdiction over the parties to the matter, even though the action giving rise to the coverage question is brought in a federal court or another state court.
Source. 1929, 86:1. RL 370:20. RSA 491:22. 1967, 432:1. 1992, 284:13. 1994, 37:1. 1996, 185:1, eff. Jan. 1, 1997. 2012, 262:1, eff. Jan. 1, 2013.
Notes of Decisions
Cited in 258
cases (23 in the last 5 years), 1957–2026 · leading case: EnergyNorth Nat. Gas v. Associated Elec. & Gas Ins. Servs., Ltd., 21 F. Supp. 2d 89 (D.N.H. 1998).
EnergyNorth Nat. Gas v. Associated Elec. & Gas Ins. Servs., Ltd., 21 F. Supp. 2d 89 (D.N.H. 1998). “§ 2201 (West 1994) and N.H.Rev.Stat. Ann. § 491:22 (1997), against its predecessors’ liability insurer’s.”
Bill Duncan & a. v. State of New Hampshire & a., 102 A.3d 913 (N.H. 2014). “The trial court ruled that the petitioners had standing under RSA 491:22,1 (Supp. 2013). We do not reach the merits of the petitioners’ declaratory judgment petition because we conclude that: (1) the 2012 amendment to RSA 491:22,1, which allows taxpayers to establish standing…”
Town of Peterborough v. Hartford Fire Ins., 824 F. Supp. 1102 (D.N.H. 1993). “2d 635 (1992) (per curiam), in which the supreme court held “that RSA 491:22 applies only to underlying suits brought in our State courts.”
Binda v. Royal Ins., 744 A.2d 634 (N.H. 2000). “) dismissing his declaratory judgment petition as untimely because it was filed beyond the six-month limitations period provided under RSA 491:22 (1997). We reverse and order that Binda shall have sixty days from the date of this opinion to file a declaratory judgment petition…”
New Hampshire Ball Bearings v. Aetna Cas., 848 F. Supp. 1082 (D.N.H. 1994). “RSA 491:22 states in pertinent part: Any person claiming a present legal equitable right or title may maintain a petition against any person claiming adversely to such right or title to determine the question as between the parties and the court’s judgment or decree thereon…”
Avery v. New Hampshire Dep't of Educ., 34 A.3d 712 (N.H. 2011). “) They contend that, in an action under RSA 491:22 (2010) and RSA 541-A:24 (2007), “[i]t is enough that [the District’s failure to include their property in its waiver application] has visited injury on” them, irrespective of the purpose of the waiver rules and the school…”
Baer v. New Hampshire Dep't of Educ., 160 N.H. 727 (N.H. 2010). “The petitioners bring their rulemaking challenges under RSA 541-A:24 (2007) and their constitutional challenges under RSA 491:22 *730 (2010). Declaratory judgment actions brought pursuant to RSA 541-A:24 must, as a threshold matter, meet the requirements for standing under the…”
Gen. Linen Serv. Co., Inc. v. Charter Oak Fire Ins. Co., 951 F. Supp. 15 (D.N.H. 1995). “Application of RSA § 491:22 Under Erie v. Tompkins and its progeny, the court may apply state-law remedies to federal diversity actions.”
Jackson v. Fed. Ins., 498 A.2d 757 (N.H. 1985). “This appeal from a declaratory judgment (RSA 491:22) involves questions of an insurer’s duty to defend an insured *231 under a homeowner’s policy.”
Workplace Sys., Inc. v. CIGNA Prop. & Cas. Ins., 723 A.2d 583 (N.H. 1999). “See *323 RSA 491:22 (1983) (amended 1992, 1994, 1996).”
Andrews v. Nationwide Mut. Ins., 467 A.2d 254 (N.H. 1983). “and Rachel Andrews, filed a petition for declaratory judgment (RSA 491:22) seeking a judicial interpretation of the uninsured motorist endorsement in Mr.”
Scully's Auto-Marine Upholstery, Inc. v. Peerless Ins., 611 A.2d 635 (N.H. 1992). “No petition shall be maintained under this section to determine coverage of an insurance policy unless it is filed within 6 months after the filing of the writ which gives rise to the question.”
N.H. Rev. Stat. Ann. § 491:22(111): 2 cases
EnergyNorth Nat. Gas v. Associated Elec. & Gas Ins. Servs., Ltd., 21 F. Supp. 2d 89 (D.N.H. 1998). “§ 2201 (West 1994) and N.H.Rev.Stat. Ann. § 491:22 (1997), against its predecessors’ liability insurer’s.”
EnergyNorth v. AEGIS et al (D.N.H. 1998).
N.H. Rev. Stat. Ann. § 491:22(III): 4 cases
EnergyNorth Nat. Gas v. Associated Elec. & Gas Ins. Servs., Ltd., 21 F. Supp. 2d 89 (D.N.H. 1998). “§ 2201 (West 1994) and N.H.Rev.Stat. Ann. § 491:22 (1997), against its predecessors’ liability insurer’s.”
EnergyNorth v. AEGIS et al (D.N.H. 1998).
Bunker v Midstate Mut., 2014 DNH 177 (D.N.H. 2014).
EKCO Grp. v. Travelers Indem. C o ., 2000 DNH 249 (D.N.H. 2000).
N.H. Rev. Stat. Ann. § 491:22(a): 4 cases
Town of Epping v. St. Paul Fire & Marine Ins., 444 A.2d 496 (N.H. 1982).
Robbins Auto Parts, Inc. v. Granite State Ins., 435 A.2d 507 (N.H. 1981).
Olszak v. Peerless Ins., 406 A.2d 711 (N.H. 1979).
Dev. Fin. v. Chicago Title, 2012 DNH 077 (D.N.H. 2012).
N.H. Rev. Stat. Ann. § 491:22(b): 2 cases
Dev. Fin. v. Chicago Title, 2012 DNH 077 (D.N.H. 2012).
Avemco v. Pond (D.N.H. 1996).
N.H. Rev. Stat. Ann. § 491:22(c): 1 case
Dev. Fin. v. Chicago Title, 2012 DNH 077 (D.N.H. 2012).
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