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ALLSTATE INS. CO. v. CARR

No. 79-067.

119 N.H. 851 (1979)

ALLSTATE INSURANCE COMPANY v. JOSEPH I. CARR, JR., JANET CARR AND SUSAN WARGO, ADMINISTRATRIX OF ESTATE OF JAMES WARGO, JR.

Supreme Court of New Hampshire.

December 12, 1979.

Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch P.A., of Manchester (Alan B. Rindler orally), for the plaintiff.

Boyer Legal Professional Association, of Nashua (Richard E. Boyer orally), for defendants Joseph and Janet Carr.

Prunier, Mazerolle & Frasca, of Nashua (Stephen J. Frasca orally), for defendant Susan Wargo.

PER CURIAM.

This case involves issues arising out of a declaratory judgment action filed by Allstate Insurance Company pursuant to RSA 491:22 to determine its obligations to its insured, Joseph I. Carr, Jr.

The following facts are not disputed based upon the depositions of Joseph and Janet Carr. In May 1976, Susan Wargo was living in the home of Joseph and Janet Carr. On May 14, 1976, the Carrs returned home from a banquet to find Susan being attacked by her...

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