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O'BRIEN v. CONTINENTAL INS. CO.

No. 94-777.

141 N.H. 522 (1996)

EUGENE R. AND DEBORAH A. O'BRIEN v. CONTINENTAL INSURANCE COMPANY

Supreme Court of New Hampshire.

December 30, 1996.

Attorney(s) appearing for the Case

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper on the brief and orally), for the petitioners.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (James C. Wheat on the brief and orally), for the respondent.

BROCK, C.J.

The respondent, Continental Insurance Company (Continental), appeals from the Superior Court (Fitzgerald, J.) refusal to set aside a judgment pro confesso entered after it failed to enter an appearance by the return day. See SUPER. CT. R. 131. We affirm in part, vacate in part, and remand.

The facts set forth in the pleadings are as follows. The petitioners, Eugene R. and Deborah A. O'Brien, were the policy-holders of an

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