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NHIGA v. ELLIOT HOSP.

No. 2005-834.

914 A.2d 806 (2006)

NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION v. ELLIOT HOSPITAL.

Supreme Court of New Hampshire.

Opinion Issued: December 20, 2006.

Attorney(s) appearing for the Case

Nixon Peabody LLP, of Manchester, (John E. Friberg, Jr. & a. on the brief, and Mark D. Robins orally), for the petitioner.

Wiggin & Nourie, P.A., of Manchester (Gary M. Burt on the brief and orally), for the respondent.

Morrison Mahoney LLP, of Boston, Massachusetts (Michael F. Aylward on the brief), for New Hampshire Medical Malpractice Joint Underwriting Association and ProMutual Insurance Group, as amici curiae.

DUGGAN, J.

The petitioner, New Hampshire Insurance Guaranty Association (NHIGA), appeals a decision of the Superior Court (Barry, J.) granting summary judgment to the respondent, Elliot Hospital (Elliot), and denying NHIGA's cross-motion for summary judgment. The trial court interpreted the New Hampshire Insurance Guaranty Association Act (Guaranty Act), RSA chapter 404-B (1998), not to require the plaintiffs in an underlying medical malpractice action to exhaust...

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