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EMPLOYERS MUT. CAS. CO. v. NELSON

No. 5668.

109 N.H. 6 (1968)

EMPLOYERS MUTUAL CAS. CO. v. IRVIN R. NELSON & a.

Supreme Court of New Hampshire.

Decided April 30, 1968.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green, and Thomas H. Richards (Mr. William L. Phinney orally), for the plaintiff.

William D. Tribble, for the named defendant, filed no brief.

McLane, Carleton, Graf, Greene & Brown, and Jack B. Middleton (Mr. Middleton orally), for the defendant Isabelle M. Nelson.

DUNCAN, J.

This is a petition by an insurer under a family automobile policy issued to the named defendant Nelson, seeking a decree that the plaintiff is not obligated to defend an action in tort brought against Nelson by his wife, the defendant Isabelle, or to satisfy any judgment in her favor, by reason of Nelson's alleged failure to cooperate with the insurance company as required by the policy. Trial by the Court (Loughlin...

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