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BATES v. PHENIX MUT. FIRE INS. CO.

No. 2007-177.

943 A.2d 750 (2008)

Joseph BATES v. PHENIX MUTUAL FIRE INSURANCE COMPANY.

Supreme Court of New Hampshire.

Opinion Issued: February 13, 2008.

Attorney(s) appearing for the Case

Bragdon & Berkson, P.C., of Keene (H. Neil Berkson and Kelly E. Dowd, on the brief, and Mr. Berkson orally), for the plaintiff.

Aten Clayton & Eaton, PLLC, of Littleton (Keith Aten, on the brief and orally), for the defendant.

BRODERICK, C.J.

The plaintiff, Joseph Bates, appeals an order of the Superior Court (Arnold, J.) granting summary judgment to the defendant, Phenix Mutual Fire Insurance Company (Phenix Mutual). We affirm.

The following facts are undisputed. Route 123 is a state route that descends into the center of Alstead. Warren Brook runs parallel to Route 123 in this section. Cooper Hill Road runs perpendicular to, and connects to, Route 123. Cooper Hill Road...

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