STATE FARM MUT. AUTO. INS. CO. v. HOLYOKE MUT. INS. CO.

No. 2003-213.

150 N.H. 527 (2004)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HOLYOKE MUTUAL INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

Opinion Issued: February 3, 2004.


Attorney(s) appearing for the Case

Wiggin & Nourie, P.A., of Manchester (Gordon A. Rehnborg, Jr. and Mary Ann Dempsey on the brief, and Ms. Dempsey orally), for the plaintiff.

McDonough & O'Shaughnessy, P.A., of Manchester (Robert G. Whaland on the brief and orally), for defendant Holyoke Mutual Insurance Company.


DUGGAN, J.

In this declaratory judgment action, defendant Holyoke Mutual Insurance Company (Holyoke) appeals an order of the Superior Court (Brennan, J.) granting summary judgment in favor of the plaintiff, State Farm Mutual Automobile Insurance Company (State Farm), with respect to stacking of underinsured motorist coverage provided by Holyoke and State Farm, as well as allocation of a tortfeasor credit. We affirm.

The following facts are undisputed...

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