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GONYA v. COMM'R, N.H. INS. DEP'T

No. 2005-170.

153 N.H. 521 (2006)

VENISE THERESA GONYA & a. v. COMMISSIONER, NEW HAMPSHIRE INSURANCE DEPARTMENT.

Supreme Court of New Hampshire.

Opinion Issued: May 18, 2006.

Attorney(s) appearing for the Case

Watson & Lemire, P.A., of Portsmouth (Thomas R. Watson and Jennifer A. Lemire on the brief), and Baron & Budd, P.C., of Dallas, Texas (Alan Rich and Stephen Blackburn on the brief, and Mr. Rich orally), for the petitioners.

Kelly A. Ayotte, attorney general (Suzanne M. Gorman, senior assistant attorney general, on the brief, and J. Christopher Marshall, attorney, orally), and Rackemann, Sawyer & Brewster, of Boston, Massachusetts (Eric A. Smith on the brief), for the respondent.

DUGGAN, J.

The petitioners, Venise Theresa Gonya and Roxane S. Scaife, appeal an order of the Superior Court (McGuire, J.) denying their petition to declare RSA 402-C:40, I (1998) unconstitutional and enjoin its enforcement. We affirm.

The record reflects the following undisputed facts. Each petitioner represents the estate of a deceased tort claimant. Among the defendants in the tort cases are two corporations...

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