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FEDERAL BAKE SHOP v. FARMINGTON CAS. CO.

No. 97-476.

144 N.H. 40 (1999)

FEDERAL BAKE SHOP v. FARMINGTON CASUALTY COMPANY

Supreme Court of New Hampshire.

July 16, 1999.

Attorney(s) appearing for the Case

Scotch & Zalinsky, of Manchester (Barry M. Scotch on the brief and orally), for the plaintiff.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (John A. Lassey on the brief, and Jennifer L. Murphy orally), for the defendant.

BROCK, C.J.

The plaintiff, Federal Bake Shop, appeals an order of the Superior Court (Sullivan, J.) denying coverage under a building and personal property insurance policy issued by the defendant, Farmington Casualty Company. We reverse and remand.

The parties submitted an agreed statement of facts. The plaintiff owns commercial real estate in Bedford. In April 1996, the plaintiff learned that a toilet installed by one of its tenants had malfunctioned...

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