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LIBERTY MUT. INS. CO. v. HOME INS. INDEM. CO.

No. 6985.

116 N.H. 12 (1976)

LIBERTY MUTUAL INSURANCE CO. v. HOME INSURANCE INDEMNITY CO. & a.

Supreme Court of New Hampshire.

January 31, 1976.

Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Kohls and James S. Yakovakis and Eugene M. Van Loan III (Mr. Yakovakis orally) for the plaintiff.

Augustine J. McDonough, by brief and orally, for the defendant Home Insurance Indemnity Co.

Devine, Millimet, Stahl & Branch and Joseph M. McDonough III (Mr. McDonough orally) for defendants Richard Lavigne and Car Land Auto Body Inc.

Wiggin, Nourie, Sundeen, Pingree & Bigg and William S. Orcutt and W. Wright Danenbarger for defendants John E. and Donna Akerly.

LAMPRON, J.

Petition for declaratory judgment under RSA 491:22 brought by Liberty seeking to establish the rights and obligations of the parties with respect to certain insurance policies issued by Liberty and Home. The matter was heard by Grant, J., who died before rendering a decision. The parties then agreed on certain facts. One of these was that Richard Lavigne was president of Car Land at the time of an accident on January 5, 1971, on the premises of...

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