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AMERICAN EMPLOYERS INS. CO. v. LIBERI

No. 4684.

101 N.H. 480 (1958)

AMERICAN EMPLOYERS' INSURANCE COMPANY v. BERNARD H. LIBERI & a.

Supreme Court of New Hampshire.

Decided December 31, 1958.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Morse orally), for the plaintiff.

O. J. Gregoire for defendants Bernard H. and Bertha M. Liberi, furnished no brief.

Fisher, Parsons & Moran (Mr. Moran orally), for the defendants.

KENISON, C. J.

Whether the defendants cooperated with the plaintiff as required by the terms of the policy presented an issue of fact. Glens Falls &c. Co. v. Keliher, 88 N.H. 253. Evidence indicating non-cooperation was the failure of the defendants to submit a signed statement of the accident from November 26, 1947 until August 19, 1954, when the plaintiff instituted this petition for declaratory judgment and their neglect to mail a statement which...

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