GIANOLA v. CONTINENTAL CAS. CO.

No. 2002-137.

149 N.H. 213 (2003)

PETER GIANOLA v. CONTINENTAL CASUALTY COMPANY

Supreme Court of New Hampshire.

Opinion Issued: March 3, 2003.


Attorney(s) appearing for the Case

Abramson, Brown & Dugan, of Manchester (Kenneth C. Brown and Jared R. Green on the brief, and Mr. Green orally), for the plaintiff.

Getman, Stacey, Tamposi, Schulthess & Steere, P.A., of Bedford (Dona Feeney & a. on the brief, and Naomi Mooney orally), for the defendant.


DALIANIS, J.

The defendant, Continental Casualty Company, appeals from a ruling of the Superior Court (T. Nadeau, J.) granting summary judgment to the plaintiff, Peter Gianola. On appeal, the defendant argues that the trial court erred by ruling that it had waived its coverage defenses because: (1) its conduct was insufficient to support a finding of waiver; and (2) the waiver doctrine cannot be applied to extend the scope of coverage. We reverse and remand...

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