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BRADLEY REAL ESTATE TRUST v. PLUMMER & ROWE INS. AGENCY

No. 91-084.

136 N.H. 1 (1992)

BRADLEY REAL ESTATE TRUST BY AND THROUGH LUMBERMENS MUTUAL CASUALTY COMPANY v. PLUMMER & ROWE INSURANCE AGENCY, INC. & a.

Supreme Court of New Hampshire.

July 15, 1992.

Attorney(s) appearing for the Case

David J. Woodbury, of Bedford, by brief and orally, for the plaintiff.

Yakovakis, McDonough & Lindh, of Manchester (James G. Walker on the brief and orally), for the defendant, Plummer & Rowe Insurance Agency, Inc.

BATCHELDER, J.

The plaintiff, Bradley Real Estate Trust by and through Lumbermens Mutual Casualty Company, brought suit for indemnification based on a certificate of insurance issued to a third party. The Superior Court (Gray, J.) granted a motion to dismiss filed by defendant, Plummer & Rowe Insurance Agency, Inc., on the grounds that the plaintiff lacked standing to sue, and because the certificate imposed no duty...

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