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METROPOLITAN PROP. & LIAB. INS. CO. v. COTE

No. 81-366.

122 N.H. 832 (1982)

METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY v. KEVIN COTE & a.

Supreme Court of New Hampshire.

September 10, 1982.

Attorney(s) appearing for the Case

Law Offices of Robert A. Backus, of Manchester (Robert A. Backus on the brief and orally), for the plaintiff.

Wiggin & Nourie, of Manchester (Mark A. Langan on the brief and orally), for the defendants Kevin Cote and the Concord Group Insurance Company.

Stark & Peltonen, P.A., of Manchester (John E. Peltonen on the brief and orally), for the defendant Gerald H. Desrochers, Jr.

BROCK, J.

The issue on this appeal is whether the trial court was correct in ruling in this petition for declaratory judgment (RSA 491:22) that both the plaintiff, Metropolitan Property and Liability Insurance Company, and the defendant Concord Group Insurance Company must provide insurance coverage for injuries allegedly suffered by Gerald Desrochers. For the reasons that follow, we reverse its ruling that Metropolitan must provide coverage.

The facts are...

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