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NAT'L MARINE UNDERWRITERS v. MCCORMACK

No. 92-611.

138 N.H. 6 (1993)

NATIONAL MARINE UNDERWRITERS, INC. v. JOHN H. MCCORMACK, III

Supreme Court of New Hampshire.

December 3, 1993.

Attorney(s) appearing for the Case

Bouchard & Mallory, P.A., of Manchester (Christine Friedman on the brief and orally), for the plaintiff.

Wenger & Cronin, P.C., of Bedford (John G. Cronin on the brief and orally), for the defendant.

BROCK, C.J.

The plaintiff, National Marine Underwriters, Inc. (National Marine), appeals an order of the Superior Court (Hampsey, J.), dismissing its petition for a declaratory judgment, in which it sought rescission of an insurance policy issued to the defendant, John H. McCormack, III. Because we conclude that the trial court erred in denying National Marine's motion to amend, we vacate and remand.

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