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MOONEY v. NATIONWIDE MUT. INS. CO.

No. 2002-231.

149 N.H. 355 (2003)

MICHAEL L. MOONEY v. NATIONWIDE MUTUAL INSURANCE CO.

Supreme Court of New Hampshire.

Opinion Issued: April 22, 2003.

Attorney(s) appearing for the Case

Hall, Hess, Stewart, Murphy & Brown, P.A., of Manchester (Francis G. Murphy on the brief and orally), for the plaintiff.

Getman, Stacey, Tamposi, Schulthess & Steere, P.A., of Bedford (Jill A. DeMello and Stephen J. Schulthess on the brief, and Mr. Schulthess orally), for the defendant.

BROCK, C.J.

The plaintiff, Michael L. Mooney, appeals the order of the Superior Court (Groff, J.) rescinding the insurance contract between him and the defendant, Nationwide Mutual Insurance Company, on the ground that he materially misrepresented the use to which he put his vehicle. We affirm.

The trial court found the following facts, which the parties accept on appeal. The plaintiff purchased a personal automobile insurance policy from the defendant...

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