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PROGRESSIVE NORTHERN INS. v. ARGONAUT INS.

No. 2010-370.

20 A.3d 977 (2011)

161 N.H. 778

PROGRESSIVE NORTHERN INSURANCE COMPANY v. ARGONAUT INSURANCE COMPANY and another.

Supreme Court of New Hampshire.

Opinion Issued: April 26, 2011.

Attorney(s) appearing for the Case

Wiggin & Nourie, P.A., of Manchester ( Gordon A. Rehnborg, Jr. and Mary Ann Dempsey on the brief, and Mr. Rehnborg orally), for Progressive Northern Insurance Company.

Primmer Piper Eggleston & Cramer, of Littleton ( Gregory M. Eaton on the brief and orally), for Argonaut Insurance Company.

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

A.W. Perkins Law Offices, PLLC, of Concord ( Arthur W. Perkins on the memorandum of law), and Phillips Law Office, PLLC, of Concord ( Roger B. Phillips on the memorandum of law), for Martin and Linda Morasse.

DALIANIS, C.J.

Argonaut Insurance Company (Argonaut) appeals a ruling of the Superior Court (Smukler, J.) denying its motion for summary judgment and granting summary judgment to Craig Kelly and partial summary judgment to Progressive Northern Insurance Company (Progressive). We affirm.

The following facts were either found by the trial court or are undisputed by the parties. On June 7, 2006, Kelly left his car for service at Tom's Auto Sales (Tom's...

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