§ 146-a-3-d

146-A:3-d Limited Liability for Fiduciaries. – 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.