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SWAIN v. EMPLOYERS MUT. CAS. CO.

No. 2003-245.

150 N.H. 574 (2004)

SHERRY SWAIN v. EMPLOYERS MUTUAL CASUALTY COMPANY.

Supreme Court of New Hampshire.

Opinion Issued: February 20, 2004.

Attorney(s) appearing for the Case

McDowell & Osburn, P.A., of Manchester (Mark D. Morrissette on the brief and orally), for the plaintiff.

Brian T. McDonough, P.A., of Manchester (Debra L. Mayotte on the brief and orally), for the defendant.

DUGGAN, J.

In this declaratory judgment action, the plaintiff, Sherry Swain, appeals an order of the Superior Court (McGuire, J.) granting summary judgment in favor of the defendant, Employers Mutual Casualty Company (EMCC), denying Swain uninsured motorist coverage under a policy issued by EMCC. See RSA 264:15, I (1993). We affirm.

The trial court found the following facts to be undisputed for purposes of summary judgment. In 1999, Swain was...

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