MITCHELL v. AETNA LIFE AND CAS. INS. CO.

No. 80-292.

121 N.H. 458 (1981)

GWENDOLYN MITCHELL, ADMINISTRATRIX OF THE ESTATE OF CLIFFORD P. GERMAIN, III v. AETNA LIFE AND CASUALTY INSURANCE COMPANY

Supreme Court of New Hampshire.

June 10, 1981.


Attorney(s) appearing for the Case

Krans & Krans, of Dover (Allan B. Krans on the brief and Hamilton R. Krans, Jr., orally), for the plaintiff.

Sulloway, Hollis & Soden, of Concord (Dorothy M. Bickford on the brief and orally), for the defendant.


PER CURIAM.

The principal issue in this case is whether an insured's criminal conviction for reckless manslaughter operates to relieve his liability insurance carrier from providing him with a defense or affording him coverage in a civil action based upon negligence, brought by the decedent's estate; or whether the criminal conviction collaterally estops the estate or the insured from claiming that the act was negligent and not intentional. We recently addressed the...

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