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AMERICAN INS. CO. v. NATIONWIDE MUT. INS. CO.

No. 5971.

110 N.H. 192 (1970)

AMERICAN INSURANCE COMPANY v. NATIONWIDE MUTUAL INSURANCE COMPANY; GEORGE BROUGH; UNITED STEELWORKERS OF AMERICA, AFL-CIO; and CARPENTER & PATERSON, INC.

Supreme Court of New Hampshire.

March 31, 1970.

Attorney(s) appearing for the Case

Wiggin, Nourie, Sundeen, Pingree & Bigg and W. Wright Danenbarger (Mr. Danenbarger orally), for the plaintiff.

Wescott, Millham & Dyer (Mr. Peter V. Millham orally), for defendant Carpenter & Paterson, Inc., and Devine, Millimet, McDonough, Stahl & Branch and E. Donald Dufresne (Mr. Dufresne orally), for defendant Nationwide Mutual Insurance Company.

James J. Kalled for defendant Brough, and Upton, Sanders & Upton for the defendant Union, filed no brief.

GRIMES, J.

This is a petition for a declaratory judgment to determine coverage under a liability insurance policy issued by the plaintiff to the defendant Carpenter & Paterson, Inc. The defendant Brough was injured in April 1965 by accident arising out of and in the course of his employment with Carpenter & Paterson, Inc. and received workmen's compensation from the defendant Nationwide Mutual Insurance Company under a Workmen's Compensation and Employer's...

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