BERTOLAMI v. MERCHANTS MUTUAL INS. CO.

No. 79-270.

120 N.H. 308 (1980)

JEANNETTE BERTOLAMI v. MERCHANTS MUTUAL INSURANCE COMPANY.

Supreme Court of New Hampshire.

May 5, 1980.


Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord, by brief for the plaintiff.

Hall, Morse, Gallagher & Anderson, of Concord (Robert E. K. Morrill orally), for the defendant.


DOUGLAS, J.

The plaintiff in this case questions the legitimacy of an automobile liability policy clause that allows the insurer to deduct medical payments from amounts paid under the policy's uninsured motorist endorsement. We hold that the clause is void.

On December 22, 1970, an uninsured motorist struck and injured Janet Bertolami, minor daughter of Jeannette Bertolami, as she was crossing a street. At the time of the accident, the plaintiff had in force...

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