STATE FARM MUT. AUTO. INS. CO. v. COOKINHAM

No. 91-032.

135 N.H. 247 (1992)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. FAITH COOKINHAM.

Supreme Court of New Hampshire.

February 24, 1992.


Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Doreen F. Connor on the brief and orally), for the plaintiff.

Nixon, Hall & Hess P.A., of Manchester (Francis G. Murphy, Jr., on the brief and orally), for the defendant.


JOHNSON, J.

The plaintiff, State Farm Mutual Automobile Insurance Company, filed a petition for declaratory judgment to determine if the defendant, Faith Cookinham, was entitled to uninsured motorist benefits under a policy issued by the plaintiff to her friend, John J. Welch. The Superior Court (Goode, J.) ruled that the defendant was not "insured" under the uninsured motorist provision of Welch's policy because she was not "occupying" Welch's vehicle when...

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