As a trial attorney with 40 years of litigation experience, I take pride in continuing the legacy of Devine Millimet’s founding fathers who knew that every client is important—no matter how big or how small the case. It’s for this reason that I’ve geared a significant portion of my practice to plaintiff personal injury work—I enjoy helping people who can most benefit from my experience. I also like tackling intellectually challenging cases, often paving the way in areas of law not yet solidified in New Hampshire, which is why I find insurance coverage disputes, industrial and construction defect cases, and medical and legal malpractice cases to be of particular interest. By working as both defense and plaintiff counsel in all matters of civil law, I have a unique perspective that benefits all of my clients.

My clients are as varied as my practice. My personal injury clients come from diverse financial, social, and cultural backgrounds. Many of my longer-term clients are large institutions with which I’ve had longstanding relationships as their “go-to” person for handling legal concerns and insurance companies with which I’ve been associated for my entire 40-year tenure with Devine Millimet.

The cases for which I’ve become known in the New Hampshire Bar also span the realm of my practice. In DeBenedetto v. CLD Consulting Engineers, I stepped in as appellate counsel to ensure that “other responsible parties” are now on jury verdict forms throughout the state, understanding that parties who cannot be sued or who have settled out of a case still have an important part to play in the facts surrounding an accident or injury. In Marcotte v. Timberland, I introduced hedonic damages to New Hampshire—an act which displeased many of the defense bar, but on which plaintiff attorneys have since relied for higher and more just verdicts. With over 135 published and non-published cases combined in both federal and New Hampshire state court, my cases have spanned decades of groundbreaking law.

Whether it’s photographing wild animals on the Serengeti, relaxing on a beach in the Caribbean, or horseback riding and hiking in the Midwest, I enjoy all kinds of travel and exploration. When home, I enjoy cooking for my beautiful wife and working with her on various historical projects in our small town. She has even cajoled me into helping her plant hundreds of daffodil bulbs in our yard as part of her annual fundraising efforts.

Representative Matters

  • DeBenedetto v. CLD Consulting Engineers, Inc.
  • Sisson v. Jankowski
  • Marcotte v. Timberlane/Hampstead School District
  • Meaney v. Rubega
  • Northland Ins. Co. v. New Hampshire Ins. Co.
  • Hugel v. Milberg, Weiss, Bershad, Hynes & Lerach, LLP, et al
  • Preferred Nat. Ins. Co. v. Docusearch
  • Rice v. New England College

Publications

  • "Hedonic Damages - What Are They Really and How Do You Prove Them?", New Hampshire Trial Lawyers Association, March, 2002
  • "Insurance Coverage for Insured Liability and Insurance for Sexual Misconduct and Wrongful Employment Practices", New Hampshire Trial Lawyers Association, June, 2002
  • "Insurance Coverage for Wrongful Employment Practices and Sexual Misconduct", Independent Insurance Agents of New Hampshire, March, 1996; published in John Liner Review, August, 1996; updated and reprinted in New Hampshire Bar Journal, June, 1997
  • "A Practitioner's Guide to Insurance Law/Assuming Liability for Third Parties", New Hampshire Bar Association CLE, April 1998

Speaking Engagements

  • N.H. Law of Comparative Negligence and Apportionment of Damages: A Historical Perspective, New Hampshire Trial Lawyer’s Association CLE (October 16, 2007)
  • Current Issues Flowing From the Non-Delegable Duty to Maintain a Safe Business Premises; Premises Liability, April 7, 2006, New Hampshire Trial Lawyer's Association CLE
  • DeBenedetto v. CLD: Another (Defense?) Perspective; Personal Injury Actions in the World of Nilsson/DeBenedetto, December 8, 2006, New Hampshire Trial Lawyer's Association CLE
  • Representing Clients in Civil Mediation, November, 2002 Insurance Coverage for Insured Liability and Insurance for Sexual Misconduct and Wrongful Employment Practices, June, 2002
  • Hedonic Damages - What Are They Really and How Do You Prove Them? March, 2002 Excess and Umbrella Coverage, 2000
  • Proving Damages in a Wrongful Death Case, December, 1999
  • Recapturing Your Love of the Law, January, 1999
  • Preventing Legal Malpractice Claims and Ethical Complaints, 1998
  • Current Issues in the Defense of Malpractice Claims, October, 1998
  • Legal Malpractice "The Seven Deadly Sins", November, 1997
  • Insurance Coverage for Wrongful Employment Practices and Sexual Misconduct, New Hampshire Bar Journal, June, 1997
  • Sexual Misconduct and Wrongful Employment Practices: A Coverage Analysis, John Liner Review, Vol. 10, No. 2, Summer, 1996
  • Rescission of Insurance Policies, September, 1994
  • Professional Liability Insurance, May, 1992
  • Commercial General Liability Insurance, March, 1991
  • New Personal Auto Policy; Specialty Liability Coverage Policies, September, 1990
  • Preserving the Rights of the Insurer in Disputed Coverage Situations, 1989
  • Hazardous Waste - Liabilities for the Unwary, June, 1987


Get in touch

        Services & Industries

        Appeals

        Dispute Resolution & Litigation

        Insurance Defense

        Insurance Law

        Legal Malpractice & Professional Conduct

        Personal Injury & Property Damage

        Bar Admissions

        New Hampshire

        Education

        Duke University School of Law, JD, 1974

        Columbia University, BA 1971

        Awards & Affiliations

        Andrew Dunn Super Lawyers

        Selected to the 2016 New England Super Lawyers list, since 2007.

        Selected as "Local Litigation Star" in Benchmark Litigation 2017, since 2009.

        Selected by his peers for inclusion in The Best Lawyers in America© 2017 in the fields of Commercial Litigation, Insurance Law, Personal Injury Litigation/Defendants, and Product Liability Litigation/Defendants, since 1999.

        Named the Best Lawyers® 2017 Insurance Law "Lawyer of the Year" in Manchester, NH.

        "Top Attorneys” — Personal Injury, New Hampshire Magazine, 2001, 2002, 2005 - 2007.

        "The Ideal Attorney," New Hampshire Magazine, October 2003 — Personal Injury Litigation and also cited as "Smartest Lawyer You Know" and "Appellate Ace - Supreme Court Law"

        AV® Rating, the highest rating by Martindale-Hubbell

        New Hampshire Bar Association President's Award for Distinguished Service to the Legal Profession (January 1997)

        Cited for "Excellence" in the area of Insurance Law in an article entitled New Hampshire's Lawyer's Lawyer New Hampshire Magazine, July, 1994).


        Board of Governors, Tufts Medical Center and Floating Hospital for Children 2009 - present

        Board of Directors, New Hampshire Bar Insurance Agency 2006 - present

        Insurance Group Committee, Chairman, Professional Liability Insurance Subcommittee, 1987-2002

        State Law Library Advisory Committee

        New Hampshire State Legislative Task Force on Auto Insurance

        New Hampshire court system trained and approved mediator

        Member Panel of Mediators for United States District Court for District of New Hampshire

        New Hampshire Bar Association Representative to the Board of Directors of American National Lawyers Insurance Reciprocal

        American Bar Association

        New Hampshire Bar Association