MAGUIRE v. MERRIMACK MUT. INS. CO.

No. 89-262

133 N.H. 51 (1990)

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

Supreme Court of New Hampshire

April 13, 1990


Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell, of Concord (Steven J. McAuliffe on the brief and orally), for the plaintiffs.

Law Offices of Kenneth G. Bouchard P.A., of Manchester (Kenneth G. Bouchard and Paul B. Kleinman on the brief, and Mr. Bouchard orally), for the defendant.


JOHNSON, J.

This is an appeal from an order of the Superior Court (Groff, J.) denying the defendant's motion for attorney's fees. The issue presented is whether the trial court erred in denying the defendant's motion where the jury determined by a preponderance of the evidence, using a special verdict form, that the plaintiffs set fire to their own home in order to obtain insurance proceeds. We affirm.

In 1982...

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