MAGUIRE v. MERRIMACK MUT. FIRE INS. CO.

No. 83-214.

125 N.H. 269 (1984)

ROBERT M. MAGUIRE & a. v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY

Supreme Court of New Hampshire.

July 26, 1984.


Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell P.A., of Concord (Michael R. Callahan on the brief and orally), for the plaintiffs.

James S. Yakovakis, of Manchester, by brief and orally, for the defendant.


SOUTER, J.

The plaintiffs brought action for benefits under a policy of insurance. The defendant moved for dismissal for failure to make service within one year of the date of its letter refusing to pay benefits and referring plaintiffs to RSA 407:15. On recommendation of a Master (Thomas M. Pancoast, Esq.), the Superior Court (Johnson, J.) denied the motion. The defendant has appealed. We affirm.

The...

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