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MacLEARN v. COMMERCE INS. CO.

No. 2010-880.

37 A.3d 393 (2012)

Lachlan MacLEARN and another v. COMMERCE INSURANCE COMPANY.

Supreme Court of New Hampshire.

Opinion Issued: January 27, 2012.

Attorney(s) appearing for the Case

Buchanan, Maynard & Parodi, PLLC, of Nashua ( Robert M. Parodi on the brief and orally), for the petitioner and the intervenor.

Morrison Mahoney LLP, of Manchester ( Nicole L. Cook on the brief and orally), for the respondent.

HICKS, J.

The petitioner, Lachlan MacLearn, and the intervenor, Simon Hutchings (together, the appellants), appeal an order of the Superior Court (Abramson, J.) denying Hutchings' motion for summary judgment and granting summary judgment in favor of the respondent, Commerce Insurance Company (Commerce). We affirm.

The trial court found or the record supports the following facts. Lachlan MacLearn and his wife, Wendy MacLearn, were

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