CRAFTSBURY CO. v. ASSURANCE CO. OF AMERICA

No. 2002-633.

149 N.H. 717 (2003)

THE CRAFTSBURY COMPANY, INC. & a. v. ASSURANCE COMPANY OF AMERICA

Supreme Court of New Hampshire.

Opinion Issued: July 21, 2003.


Attorney(s) appearing for the Case

Normand & Shaughnessy, P.A., of Manchester (James B. Kazan and V. Richards Ward, Jr. on the brief, and Mr. Kazan orally), for the plaintiffs.

Devine, Millimet & Branch Professional Association, of Manchester (James R. Fox on the brief and orally), for the defendant.


BROCK, C.J.

The defendant, Assurance Company of America (Assurance), an insurance company, appeals a ruling of the Superior Court (Hollman, J.) denying its motion to dismiss a declaratory judgment petition filed by the plaintiffs, The Craftsbury Company, Inc., E. Ladd Kautz and Timothy L. Kautz (collectively, Craftsbury). It argues, among other things, that the petition was untimely because it was filed beyond the six-month limitations period provided under...

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