FUNAI v. METROPOLITAN PROP. & CAS. CO.

No. 99-190.

145 N.H. 642 (2000)

RICHARD AND CHERYL FUNAI v. METROPOLITAN PROPERTY AND CASUALTY COMPANY

Supreme Court of New Hampshire.

December 28, 2000.


Attorney(s) appearing for the Case

Backus, Meyer, Solomon, Rood & Branch, of Manchester (Steven A. Solomon on the brief and orally), for the plaintiffs.

Wiggin & Nourie, P.A., of Manchester (Fred J. Desmarais and Gail E. Bakis on the brief, and Gary M. Burt orally), for the defendant.


NADEAU, J.

The plaintiffs, Richard and Cheryl Funai, appeal the Superior Court's (Abramson, J.) grant of summary judgment in favor of the defendant, Metropolitan Property and Casualty Company (Metropolitan), ruling that the clear and unambiguous language of the parties' insurance policy requires the consent of both parties before arbitration can occur. We affirm.

The following facts are undisputed. In March 1994, plaintiff Richard Funai was in an automobile...

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