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HARDWARE &c. CAS. CO. v. TOBYNE

No. 4244.

98 N.H. 318 (1953)

HARDWARE MUTUAL CASUALTY COMPANY v. MAX TOBYNE & a.

Supreme Court of New Hampshire.

Decided October 30, 1953.

Attorney(s) appearing for the Case

Sullivan & Gregg and S. Robert Winer (Mr. Winer orally), for the plaintiff.

Frederic J. Grady and John B. Ford (Mr. Ford orally), for the defendants Underwood and Sault.

Raymond K. Perkins, for the defendant Tobyne, furnished no brief.

DUNCAN, J.

In essence, this case presents the question of whether the Financial Responsibility Act (R. L., c. 122, as amended) requires that a motor vehicle liability policy issued thereunder insure the named insured against liability arising out of his operation of an uninsured motor vehicle owned by his wife. For reasons hereinafter indicated, we are of the opinion that it does not impose such a requirement, and that...

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