BEN'S AUTO BODY v. PROGRESSIVE ALLIANCES INSURANCE AGENCY

Full title: Ben's Auto Body, Inc. v. Progressive Alliances Insurance Agency, Inc

Court: United States District Court, D. New Hampshire

Date published: Apr 24, 2008

Civil No. 07-cv-417-PB (D.N.H. Apr. 24, 2008)

Opinion

Civil No. 07-cv-417-PB.

April 24, 2008

ORDER

PAUL BARBADORO, District Judge

Plaintiff bases Counts I and II of its complaint on alleged violations of N.H. Rev. Stat. Ann. § 417:3. While the New Hampshire legislature has authorized consumers to recover damages for violations of § 417:3 in certain circumstances, it did not expressly authorize other private actors to recover damages. Nor has the plaintiff pointed to any evidence that the legislature intended to authorize such actions by implication. Neither the New Hampshire Constitution nor New Hampshire common law authorize implied private rights of action under such circumstances. See, e.g., Berry v. Watchtower Bible and Tract. Soc. of N.Y., 152 N.H. 407, 411 (2005).

Defendant's motion to dismiss (Doc. No. 5) is granted. Counts I and II of the complaint are dismissed.

SO ORDERED.