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EXETER HOSP., INC. v. NEW HAMPSHIRE INS. GUAR. ASS'N

No. 2008-467.

965 A.2d 1159 (2009)

EXETER HOSPITAL, INC. v. NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION.

Supreme Court of New Hampshire.

Opinion Issued: February 20, 2009.

Attorney(s) appearing for the Case

Sheehan Phinney Bass + Green, P.A., of Manchester (James Q. Shirley and Karyl R. Martin on the brief, and Mr. Shirley orally), for the petitioner.

Nixon Peabody LLP, of Manchester (Courtney Q. Brooks & a. on the brief, and Mark D. Robins orally), for the respondent.

HICKS, J.

The respondent, New Hampshire Insurance Guaranty Association (NHIGA), appeals an order of the Superior Court (McHugh, J.) granting summary judgment in favor of the petitioner, Exeter Hospital, Inc. (Exeter), and denying NHIGA's cross-motion for summary judgment. The trial court declared that Exeter, whose liability insurer is insolvent, has a right to indemnification from NHIGA for $299,999 and is not required under RSA 404-B:12, I (2006) to exhaust...

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