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BURKE v. FIREMAN'S FUND INS. CO.

No. 79-331.

120 N.H. 365 (1980)

HENRY A. BURKE & a. v. FIREMAN'S FUND INSURANCE COMPANY.

Supreme Court of New Hampshire.

May 12, 1980.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Ernest T. Smith, III, orally), for the plaintiffs.

Calderwood, Ouellette, Hallisey & Dibble, of Dover (Dennis L. Hallisey orally), for the defendant.

Sulloway, Hollis & Soden, of Concord (Stephen M. Duprey orally), for the American Insurance Association, National Association of Independent Insurers and Alliance of American Insurers, as amici curiae.

GRIMES, C.J.

The issue in this interlocutory appeal is whether the plaintiffs can maintain a direct cause of action against the defendant insurer by virtue of RSA 268:16 I. We hold that they cannot.

The facts of this case are undisputed. On January 10, 1974, the plaintiff, Henry A. Burke, was the operator of an automobile involved in an accident in New London, New Hampshire, with an automobile owned and operated by...

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