AETNA LIFE & CAS. CO. v. MARTIN

No. 90-307.

134 N.H. 90 (1991)

AETNA LIFE & CASUALTY COMPANY v. JOHN MARTIN, SR., ADMINISTRATOR OF THE ESTATE OF LEONARD P. MARTIN

Supreme Court of New Hampshire.

March 27, 1991.


Attorney(s) appearing for the Case

Sulloway Hollis & Soden, of Concord (Margaret H. Nelson on the brief and orally), for the plaintiff.

James M. Winston, of Manchester, by brief and orally, for the defendant.


JOHNSON, J.

The plaintiff, Aetna Life & Casualty Company (Aetna), appeals the Superior Court's (Barry, J.) decision to grant the motion of the defendant, John Martin, Sr. (Martin), to dismiss Aetna's bill in equity and petition for injunction. We reverse and remand.

This case arises from a 1982 automobile accident, in which Leonard P. Martin was killed. The accident was allegedly caused by an underinsured motorist, Thomas Halleck. In January 1985...

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