Section 146-A:3-d Limited Liability for Fiduciaries. - New Hampshire Statutes

   I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a.
   II. Nothing in this section shall preclude claims under RSA 146-A:3-a 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-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary 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.

Source. 1993, 323:4, eff. Aug. 22, 1993.