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DEYETTE v. LIBERTY MUT. INS. CO.

No. 96-327.

142 N.H. 560 (1997)

TRACEY AND GREGORY DEYETTE v. LIBERTY MUTUAL INSURANCE COMPANY

Supreme Court of New Hampshire.

December 31, 1997.

Attorney(s) appearing for the Case

Meade & Loring, P.C., of Portsmouth (Charles A. Meade on the brief and orally), for the plaintiffs.

Ouellette, Hallisey, Dibble and Tanguay, P.A., of Dover (Stephen J. Dibble on the brief and orally), for the defendant.

BROCK, C.J.

Liberty Mutual Insurance Company, the defendant in the declaratory judgment action below, appeals from an order of the Superior Court (Smukler, J.). The plaintiffs, Tracey and Gregory Deyette, had petitioned the trial court to determine the extent of underinsured motorist benefits available to the injured insured, Tracey Deyette. On appeal, the defendant argues that the trial court erred in prohibiting it from reducing benefit payments to the

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