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FOLEY v. HORACE MANN MUT. INS. CO.

No. 80-461.

121 N.H. 976 (1981)

MICHAEL FOLEY v. HORACE MANN MUTUAL INSURANCE COMPANY

Supreme Court of New Hampshire.

November 16, 1981.

Attorney(s) appearing for the Case

Laflamme, Champagne & Moquin, of Manchester (Richard C. Moquin on the brief and orally), for the plaintiff.

Augustine J. McDonough P.A., of Manchester (Michael B. O'Shaughnessy on the brief and Augustine J. McDonough orally), for the defendant.

BROCK, J.

This is a petition for declaratory judgment (RSA 491:22), in which the plaintiff seeks a judicial determination that he is entitled to medical payment benefits under an automobile liability policy issued to his father for injuries that the plaintiff received while operating his brother's motorcycle. The case was submitted on the pleadings, the insurance policy and an agreed statement of facts. The Superior Court (Flynn, J.) ruled that the plaintiff...

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