VILLARS v. PORTSMOUTH

No. 4543.

100 N.H. 453 (1957)

PAUL E. VILLARS by his father and next friend v. CITY OF PORTSMOUTH AND AMERICAN FIDELITY INSURANCE COMPANY.

Supreme Court of New Hampshire.

Decided February 28, 1957.


Attorney(s) appearing for the Case

William H. Sleeper and Wayne J. Mullavey for the plaintiff, furnished no brief.

Thomas J. Flynn, Jr., city solicitor, for the city of Portsmouth.

Waldron, Boynton & Waldron (Mr. Boynton orally), for the insurance company.


BLANDIN, J.

The plaintiff states on information and belief that the city has a liability policy with the defendant company which affords coverage to him individually and to his minor son. He then alleges that his counsel cannot "advise as to coverage until he has had an opportunity to examine the master policy of said insurance company which has now been located in the possession of the City Clerk . . . ." Our declaratory judgment statute (RSA 491:22) which the plaintiff...

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