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RULLO v. RULLO

No. 80-229.

121 N.H. 299 (1981)

JOHN L. RULLO, ADMINISTRATOR OF THE ESTATE OF DOMENIC RULLO v. JESSIE M. RULLO.

Supreme Court of New Hampshire.

April 17, 1981.

Attorney(s) appearing for the Case

Nadeau & Gray, of Dover (Douglas C. Gray on the brief and orally), for the plaintiff.

Fisher, Parsons & Moran, of Dover, and Devine, Millimet, Stahl & Branch, of Manchester (George R. Moore on the brief and orally), for the defendant.

BROCK, J.

The issue in this civil case is whether an insurance company can rely upon the prior criminal conviction of its insured to collaterally estop a third party from litigating the issue of whether the act of the insured giving rise to the claim was negligent or intentional.

After a non-jury trial in the criminal case, the Strafford County Superior Court (Cann, J.) found Jessie Rullo guilty of the second...

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