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DIMICK v. LEWIS

No. 84-226

127 N.H. 141 (1985)

TODD J. DIMICK, BY HIS FATHER AND NEXT FRIEND, DONALD F. DIMICK AND DONALD F. DIMICK, INDIVIDUALLY v. REXFORD A. LEWIS

Supreme Court of New Hampshire.

August 15, 1985

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green P.A., of Manchester (James Q. Shirley and Douglas G. Verge on the brief and orally), for the plaintiffs.

Branch and Greenhalge, of Concord (Frederic T. Greenhalge on the brief and orally), for the intervenor, Blue Cross/Blue Shield of New Hampshire-Vermont.

Brown and Nixon P.A., of Manchester (Kenneth Chad Brown and Joseph F. Keefe on the brief, and Mr. Keefe orally), for Sandra J. Evans, P/M/A Patricia Evans, and Patricia Evans, individually, as amicus curiae.

BROCK, J.

The issue in this appeal is whether the intervenor, Blue Cross/Blue Shield of New Hampshire-Vermont (Blue Cross/Blue Shield), is entitled to reimbursement for medical expenses paid on behalf of the insured Todd Dimick, a minor, based on an alleged settlement agreement and pursuant to the subrogation clause of its contract of health insurance with Donald F. Dimick, the father of the injured minor. The Superior Court (Temple, J.) ruled that the settlement...

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