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TOTHILL v. ESTATE OF CENTER

Nos. 2004-466, 2004-756.

152 N.H. 389 (2005)

SANDRA TOTHILL v. THE ESTATE OF WARREN CENTER MT. WASHINGTON ASSURANCE CORPORATION v. PHENIX MUTUAL FIRE INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

Opinion Issued: June 24, 2005.

Attorney(s) appearing for the Case

Sulloway & Hollis, P.L.L.C., of Concord (James E. Owers and Chantalle R. Forgues on the brief, and Mr. Owers orally), for Mt. Washington Assurance Corporation.

Sheehan Phinney Bass + Green P.A., of Manchester (Robert R. Lucic on the brief and orally), for the Estate of Warren Center.

Seufert Professional Association, of Franklin (Douglas A. Grauel on the brief and orally), for Sandra Tothill.

DALIANIS, J.

This is a consolidated appeal arising from two actions in the superior court. The first is a negligence action in which Sandra Tothill sued her former employer, Warren Center, for injuries she suffered during the course of her employment. The second is a declaratory judgment action in which Mt. Washington Assurance Corporation (Mt. Washington) sought a declaration that it had no obligation to indemnify Center for any compensation owed by him to Tothill...

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