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MERCHANTS MUT. INS. CO. v. SIMONEAU

No. 5974.

113 N.H. 604 (1973)

MERCHANTS MUTUAL INSURANCE COMPANY v. RAYMOND SIMONEAU & a.

Supreme Court of New Hampshire.

November 30, 1973.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green and E. Paul Kelly (Mr. Kelly orally) for the plaintiff.

Leon Aronson, of Massachusetts, and Smith, Welts & Currier and Richard E. Boyer (Mr. Boyer orally) for defendants Gromada, administratrix, and Dyer, administrator.

Leo R. Lesieur for defendants Simoneau and Gerard Hegarty filed no brief.

Velishka and Kozlowski for the defendant James Hegarty filed no brief.

Normand R. Pelletier for Marcel A. DePontbriand, administrator of estate of Denis DePontbriand, filed no brief.

DUNCAN, J.

By this petition for declaratory judgment (RSA 491:22), the plaintiff insurer seeks a decree that it is not obligated to defend actions for personal injury and for wrongful death or satisfy any judgments arising out of a 1966 accident involving an automobile insured by the company under a policy issued to the defendant Simoneau. The defendant Gerard Hegarty was operating the automobile when the accident occurred. The Superior Court (Dunfey, J.),...

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