ALLSTATE INS. CO. v. RESERVE INS. CO.

No. 7442.

116 N.H. 806 (1976)

ALLSTATE INSURANCE COMPANY v. RESERVE INSURANCE COMPANY

Supreme Court of New Hampshire.

December 30, 1976.


Attorney(s) appearing for the Case

Wiggin & Nourie and William S. Orcutt (Mr. Orcutt orally) for the plaintiff.

Devine, Millimet, Stahl & Branch and Andrew D. Dunn (Mr. Dunn orally) for the defendant.


GRIFFITH, J.

Plaintiff's suit against the defendant alleges negligent failure of the defendant company to settle an action against its insured within its policy limits with resulting damage to the plaintiff which carried the overage coverage. Reserve's motion to dismiss was denied by the Trial Court (Flynn, J.).

Gerard E. Moreau, who was insured with both Reserve and Allstate, was operating an automobile on April 10, 1971, which struck William R. Lewis...

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