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AMERICAN HOME ASSURANCE CO. v. STAR SPEEDWAY, INC.

No. 79-170.

119 N.H. 954 (1979)

AMERICAN HOME ASSURANCE CO. v. STAR SPEEDWAY, INC., & a.

Supreme Court of New Hampshire.

December 28, 1979.

Attorney(s) appearing for the Case

Boynton, Waldron, Dill & Aeschliman, of Portsmouth (Richard E. Dill orally), for the plaintiff.

Shaines, Madrigan & McEachern, of Portsmouth (John H. McEachern orally), for the defendants, Amos and Eleanor Bird.

Brown & Nixon, of Manchester (Michael P. Hall orally), for the defendants, Richard and Margaret Preston.

MEMORANDUM OPINION

This case raises the sole issue whether plaintiffs in the underlying tort case who have filed suit against certain insured defendants may recover attorney fees when the insurer is unsuccessful in a RSA 491:22 declaratory judgment action.

Richard Preston and Amos Bird were struck by a race car that went out of control during the motor vehicle race at Star Speedway in Epping, New Hampshire, on August 9, 1975. Both sustained serious personal...

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