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SHELBY MUTUAL INS. CO. v. CARRIER

No. 82-017.

122 N.H. 754 (1982)

SHELBY MUTUAL INSURANCE COMPANY v. MAURICE CARRIER & a.

Supreme Court of New Hampshire.

August 17, 1982.

Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Gregory A. Holmes on the brief and orally), for the plaintiff.

Hall, Morse, Gallagher & Anderson, of Concord (G. Wells Anderson on the brief and orally), for the defendant Marion C. Fleming and for Merchants Mutual Insurance Company.

KING, C.J.

The Trial Court (Johnson, J.) transferred the following questions to this court: (1) "[w]hether the failure of the Shelby Mutual Insurance Company to return the FR-21 form within fifteen days of the notice it received requires it to provide coverage under RSA 268:5 IV and Auclair v. Allstate, 118 N.H. 626, 392 A.2d 1197 (1978)"; and (2) "whether the term `owner' as defined in RSA 268:1 III is part of the mandatory...

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