BRIAN LANGEVIN & a.
TRAVCO INSURANCE COMPANY
Argued: September 27, 2017
Backus, Meyer & Branch, LLP, of Manchester (BJ Branch on
the brief and orally), for the plaintiffs.
Primmer Piper Eggleston & Cramer PC, of Manchester
(Doreen F. Connor on the brief and orally), for the
Douglas, Leonard & Garvey, P.C., of Concord (Megan
Douglass on the brief), for the New Hampshire Association for
Justice, as amicus curiae.
plaintiffs, Brian and Nancy Langevin, appeal an order of the
Superior Court (Brown, J.) denying their motion for
summary judgment and granting summary judgment to the
defendant, Travco Insurance Company (Travco). The trial court
ruled that the plaintiffs were not entitled to payment from
Travco under their medical payments coverage to pay a lien
asserted by the plaintiffs' health insurer because such
payment would constitute a "duplicate payment"
contrary to the language of both RSA 264:16, IV (2014) and
the plaintiffs' automobile insurance policy with Travco.
We reverse and remand.
following relevant facts are derived from the trial
court's order or are otherwise undisputed. On October 4,
2014, the plaintiffs were injured in a motor vehicle
accident. At the time of the accident, the plaintiffs had
health insurance coverage through Aetna. They also had an
automobile insurance policy with Travco that included medical
payments coverage of $25, 000 per person. That policy
will pay reasonable expenses incurred for necessary medical
and funeral services because of "bodily injury":
1.Caused by accident; and
2.Sustained by an "insured."
policy also includes an endorsement that modifies the medical
payments coverage and provides that:
B. No one will be entitled to receive duplicate payments for
the same elements of loss under this coverage and a health
RSA 264:16, governing medical payments coverage in automobile
liability policies, provides:
IV. The insured shall have the exclusive right to
submit a claim for medical expenses under
either medical payments coverage or a
health insurance policy or both, as the insured
elects; provided, however, an insured shall not be
entitled to duplicate payment from medical payments ...