LABOUNTY v. AMERICAN INSURANCE CO.

Nos. 80-423, 82-042.

122 N.H. 738 (1982)

DONALD LABOUNTY v. AMERICAN INSURANCE COMPANY & a. RONALD THOMPSON v. DONALD LABOUNTY.

Supreme Court of New Hampshire.

August 17, 1982.


Attorney(s) appearing for the Case

Howard J. Nedved, of Nashua, by brief for the plaintiff Donald LaBounty.

Ouellette, Hallisey & Dibble P.A., of Dover (William L. Tanguay and Dennis L. Hallisey on the brief, and Mr. Hallisey orally), for the defendant American Insurance Company.

Augustine J. McDonough P.A., of Manchester (A. J. McDonough on the brief, and Kenneth G. Bouchard orally), for the defendant United States Fire Insurance Company.

LaFlamme, Champagne & Moquin P.A., of Manchester (Elizabeth R. Jones on the brief, and Richard C. Moquin orally), for the plaintiff Ronald Thompson.

Devine, Millimet, Stahl & Branch P.A., of Manchester (Michael F. Aylward on the brief and orally), for the defendant Donald LaBounty.

Ransmeier & Spellman, of Concord (Lawrence S. Smith on the brief and orally), for the intervenor Fireman's Fund Insurance Company.


BATCHELDER, J.

This appeal involves two related cases that were consolidated by this court. The first case is a declaratory judgment action concerning the amount of coverage that the American Insurance Company (American) owed its insured, Donald LaBounty. The Master (Earl Dearborn, Esq.) recommended, and the Superior Court (Flynn, J.) approved, a finding that the American Insurance Company was required to provide LaBounty with coverage up to $500,000...

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