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

No. 7607.

117 N.H. 269 (1977)

LIBERTY MUTUAL INSURANCE COMPANY v. HOME INSURANCE INDEMNITY COMPANY, FIREMAN'S FUND INSURANCE COMPANY, RICHARD LAVIGNE, CAR LAND AUTO BODY, INC. JOHN E. AKERLY AND DONNA AKERLY

Supreme Court of New Hampshire.

March 31, 1977.

Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester, and James S. Yakovakis (Mr. Yakovakis orally) for Liberty Mutual Insurance Company.

A. J. McDonough and John P. Shea, of Manchester (Mr. Shea orally) for Home Insurance Indemnity Company.

Devine, Millimet, Stahl & Branch, of Manchester, and Gregory D. Prymak (Mr. Prymak orally) for Richard Lavigne.

KENISON, C.J.

Liberty Mutual Insurance Co. v. Home Insurance Indemnity Co., 116 N.H. 12, 351 A.2d 891 (1976), was a declaratory judgment action, RSA 491:22, in which we held that both Liberty and Home were obligated to provide insurance coverage for one Richard Lavigne who was involved in an automobile accident. In that litigation Richard Lavigne incurred certain court costs and attorneys' fees. Because he ultimately prevailed...

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