CATHOLIC MED. CTR. v. EXECUTIVE RISK INDEM.

No. 2004-326

151 N.H. 699 (2005)

CATHOLIC MEDICAL CENTER & a. v. EXECUTIVE RISK INDEMNITY, INC.

Supreme Court of New Hampshire

Opinion Issued: February 4, 2005


Attorney(s) appearing for the Case

Mallory & Friedman, PLLC, of Concord (Mark L. Mallory on the brief and orally), for the plaintiffs.

Hatem & Donovan, of Salem (Patrick E. Donovan on the brief), and Hogan & Hartson, L.L.P., of Washington, D.C. (Jonathan A. Constine orally), for the defendant.


NADEAU, J.

This case comes before us on an order of certification of two questions of law by the United States District Court for the District of New Hampshire (Barbadoro, C.J.). We answer both questions in the negative.

The district court's order provides the following facts. The plaintiffs, Catholic Medical Center (CMC), Charles F. Carrier, M.D., Miguel Jurado, M.D., and Catholic Medical Center Physician Practice Associates, Inc., brought a declaratory...

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