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FIRST BANK & TRUST CO. v. N.H. INS. GROUP

No. 83-002.

124 N.H. 417 (1983)

FIRST BANK AND TRUST COMPANY v. NEW HAMPSHIRE INSURANCE GROUP & a.

Supreme Court of New Hampshire.

December 30, 1983.

Attorney(s) appearing for the Case

Snierson, Chandler & McKean, of Laconia (Edgar D. McKean, II, on the brief), by brief for the plaintiff.

Hall, Morse, Gallagher & Anderson, of Concord (G. Wells Anderson and Michael B. King on the brief), by brief for the defendant.

MEMORANDUM OPINION

The issue in this declaratory judgment proceeding is whether the provision of an insurance policy insuring the plaintiff bank against "advertising injury" covers damages allegedly resulting from breach of contract, negligence and breach of a fiduciary relationship by the plaintiff bank in assisting the plaintiffs in the underlying lawsuit against the bank in their purchase of business property. We hold that there is no coverage.

The plaintiff...

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