What is the standard of review in an insurance litigation case?

In New Hampshire, the standard of review for insurance litigation cases is “de novo.” This means that the court will look at the facts of the case “afresh,” or without taking into consideration what a lower court said. The court will consider all the evidence in the case and make its own decision. When determining the standard of review, the court will consider the kind of case involved. If it is a matter of contract law, the court will apply “a contract interpretation standard.” This means that the court will review the contract language and determine if it was followed. If the contract is found to be ambiguous, the court can also look at the parties’ conduct during the course of the contract to try and determine the intentions of the parties. In addition, the court will also review the insurance policy language. The court will review the various terms of the policy and apply them to the facts of the case. The court will also consider any relevant case law and statutory provisions in order to make a decision. The standard of review is an important part of the insurance litigation process in New Hampshire. It allows the court to look at the facts and evidence in the case and make its own decision. This helps to ensure that justice is served and that the parties receive a fair outcome.

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