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BENSON v. N.H. INS. GUARANTY ASSOC.

No. 2004-052

151 N.H. 590 (2004)

RICHARD BENSON, M.D. & a. v. NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION

Supreme Court of New Hampshire

Opinion Issued: December 29, 2004

Attorney(s) appearing for the Case

Jordan, Gfroerer & Weddleton, of Concord (Michael G. Gfroerer on the brief and orally), for the plaintiffs.

Nixon Peabody LLP, of Manchester (W. Scott O'Connell & a. on the brief, and Mark D. Robins orally), for the defendant.

DALIANIS, J.

The plaintiffs, Dr. Richard Benson, Dr. Dennis Card and the New Hampshire Medical Society, appeal the order of the Superior Court (McGuire, J.) dismissing their petition for declaratory judgment for failure to state a claim upon which relief can be granted. We affirm in part, reverse in part and remand.

The relevant facts follow. Benson and Card carried "claims-made" medical malpractice liability insurance from PHICO Insurance Company ...

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