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DESCOTEAUX v. LIBERTY MUT. INS. CO.

No. 83-121.

125 N.H. 38 (1984)

RICHARD P. DESCOTEAUX & a. v. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Court of New Hampshire.

May 18, 1984.

Attorney(s) appearing for the Case

Hamblett & Kerrigan P.A., of Nashua (Richard C. Gagliuso on the brief and orally), for the plaintiffs.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Jeffrey H. Karlin & a. on the brief, and Eugene M. Van Loan, III, orally), for the defendant.

DOUGLAS, J.

The plaintiffs petitioned for declaratory judgment seeking a determination of the extent of insurance coverage under two separate family automobile policies issued by the defendant. The Trial Court (Wyman, J.) transferred the following questions of law to this court without ruling, pursuant to Supreme Court Rule 9:

"A. Whether an `insured' under two separate policies of automobile insurance is barred from recovering the aggregate amount...

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