VITTUM v. N.H. INS. CO.

Nos. 7353 & 7354.

117 N.H. 1 (1977)

LEWIS M. VITTUM v. NEW HAMPSHIRE INSURANCE CO. & a. GRANGE MUTUAL INSURANCE CO. v. LEWIS M. VITTUM & a. WALTER RAND & a. v. LEWIS M. VITTUM

Supreme Court of New Hampshire.

January 31, 1977.


Attorney(s) appearing for the Case

James J. Kalled, of Wolfeboro, for the plaintiff and defendant Lewis M. Vittum.

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester, and James C. Wheat (Mr. Wheat orally) for the defendant Liberty Mutual Insurance Company.

Sulloway, Hollis, Godfrey & Soden, of Concord and Mr. Edward M. Kaplan (Mr. Kaplan orally) for the defendant The Aetna Casualty & Surety Co.

Sheehan, Phinney, Bass & Green, of Manchester, and James Q. Shirley (Mr. E. Tupper Kinder orally) for the defendant New Hampshire Insurance Co.

Cooper, Hall & Walker, of Rochester (Mr. Fred W. Hall, Jr. orally) for the plaintiff Grange Mutual Insurance Co.

James D. O'Neill, of Laconia, Colin A. Norberg, of Meredith (Mr. Norberg orally) for the plaintiffs Walter Rand and Clara M. Rand.


BOIS, J.

On November 8, 1972, Lewis M. Vittum, a supervisor of a Callanan Industries, Inc., road construction crew, was involved in a dispute with Walter Rand, one of his foremen. A struggle took place and Rand was injured.

The appeals transferred by the Trial Court (Cann, J.) basically involve liability issues arising out of this incident. The first involves petitions for declaratory judgment seeking to resolve the liability or nonliability to defend...

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