PORTSMOUTH HOSPITAL v. INDEMNITY INS. CO.

No. 5688.

109 N.H. 53 (1968)

PORTSMOUTH HOSPITAL v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA.

Supreme Court of New Hampshire.

Decided May 29, 1968.


Attorney(s) appearing for the Case

Orr & Reno, John W. Barto and Richard B. Couser (Mr. Couser orally), for the plaintiff.

Devine, Millimet, McDonough, Stahl & Branch (Mr. Shane Devine orally), for the defendant.


LAMPRON, J.

Petition for declaratory judgment under RSA 491:22 brought by the plaintiff to determine its rights under a bodily injury liability policy issued to it by the defendant. The matter was submitted to the Trial Court (Dunfey, J.) on an agreed statement of facts. The Court reserved and transferred without ruling two questions of law raised thereby.

On November 3, 1958, Mark Ward, of Portsmouth, an infant of 14 months, underwent an operation...

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