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AKERLEY v. HARTFORD INS. GROUP

No. 91-164.

136 N.H. 433 (1992)

JOSEPH C. AKERLEY & a. v. THE HARTFORD INSURANCE GROUP & a.

Supreme Court of New Hampshire.

November 25, 1992.

Attorney(s) appearing for the Case

Donald M. Redden, of Derry, by brief and orally, for the plaintiffs.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Robert E. Murphy, Jr. and Peter R. Chiesa on the defendants' joint brief, and Mr. Chiesa orally), for defendant The Hartford Insurance Group.

Backus, Meyer & Solomon, of Manchester (H. Jon Meyer on the defendants' joint brief and orally), for defendant Metropolitan Insurance Company.

Hamblett & Kerrigan, P.A., of Nashua (Paul W. Chant on the brief), by brief for Ronald Dowling, as amicus curiae.

THAYER, J.

In this declaratory judgment proceeding, the insureds, Joseph C. Akerley and Paula S. Akerley, appeal a Superior Court (Hampsey, J.) order denying coverage under two uninsured motorist policies for an injury Joseph Akerley sustained while arresting a suspect. The defendants cross-appeal. We affirm.

In April 1986, Officer Joseph Akerley was on duty as a deputy sheriff when he was informed that an individual was shooting a weapon from his car...

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