WORKPLACE SYSTEMS v. CIGNA PROP. & CAS. INS. CO.

No. 96-366.

143 N.H. 322 (1999)

WORKPLACE SYSTEMS, INC. v. CIGNA PROPERTY & CASUALTY INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

February 8, 1999.


Attorney(s) appearing for the Case

Foley, Hoag & Eliot LLP, of Boston, Massachusetts (John M. Stevens & a. on the brief, and Mr. Stevens orally), for the plaintiff.

Peabody & Brown, of Manchester (Kevin M. Fitzgerald & a. on the brief, and Marcus E. Cohn orally), for defendant Hartford Accident and Indemnity Company.

Burns, Bryant, Hinchey, Cox & Rockefeller, P.A., of Dover, for defendant Lumbermen's Mutual Casualty Company, joins in the brief of defendant Hartford Accident and Indemnity Company.

Hall, Morse, Anderson, Miller & Spinella, P.C., of Concord, for defendant Merchants Mutual Insurance Company, joins in the brief of defendant Hartford Accident and Indemnity Company.

Boutin & Associates, PLLC, of Londonderry, for defendant CIGNA Property & Casualty Insurance Company, joins in the brief of defendant Hartford Accident and Indemnity Company.

Stebbins, Bradley, Wood & Harvey, of Hanover, for defendant United States Fire Insurance Company, filed no brief.


JOHNSON, J.

The plaintiff, Workplace Systems, Inc., appeals the decision of the Superior Court (Gray, J.) dismissing its petition for declaratory judgment for lack of subject matter jurisdiction. See RSA 491:22 (1983) (amended 1992, 1994, 1996). We reverse and remand.

A review of the plaintiff's pleadings reveals the following pertinent facts. See Putnam v. University of New Hampshire,

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