DUMAS v. STATE MUT. AUTO. INS. CO.

No. 6079.

111 N.H. 43 (1971)

CHARLES J. DUMAS & a. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

Supreme Court of New Hampshire.

February 26, 1971.


Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Nadeau & Cox (Mr. Paul R. Cox orally), for the plaintiffs Charles J. Dumas and Pamela A. MacLean.

Wiggin, Nourie, Sundeen, Pingree & Bigg and John R. Falby, Jr. (Mr. Falby orally), for the defendant.

Devine, Millimet, McDonough, Stahl & Branch (Mr. Shane Devine orally) amicus curiae in behalf of American Insurance Association, American Mutual Insurance Alliance, National Association of Independent Insurers.


GRIFFITH, J.

The law governing actions against liability insurers for negligent failure to settle tort claims against their assureds was established here some twenty-five years ago in the cases of Dumas v. Company, 92 N.H. 140, 26 A.2d 361 (1942) and Dumas v. Hartford &c. Ind. Co., 94 N.H. 484, 56 A.2d 57 (1947). In the present case, with a plaintiff coincidentally named Dumas, we are asked to reexamine certain features of the original...

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