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CONCORD HOSP. v. N.H. MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOC.

No. 95-659.

142 N.H. 59 (1997)

CONCORD HOSPITAL v. NEW HAMPSHIRE MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION

Supreme Court of New Hampshire.

June 5, 1997.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Russell F. Hilliard and David P. Slawsky on the brief, and Mr. Hilliard orally), for the plaintiff.

Morrison, Mahoney & Miller, of Boston, Massachusetts (Michael F. Aylward on the brief and orally), for the defendant.

THAYER, J.

The defendant, New Hampshire Medical Malpractice Joint Underwriting Association (JUA), appeals the Superior Court's (Smukler, J.) order requiring JUA to pay the plaintiff, Concord Hospital (hospital), half of the defense costs and settlement amounts associated with certain medical malpractice claims commenced against the hospital. Because we reverse this order, we need not address the hospital's cross-appeal.

The superior court found the...

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