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CONCORD GROUP INS. CO'S v. LUMBERMANS MUT. CAS. CO.

No. 82-332.

124 N.H. 440 (1984)

CONCORD GROUP INSURANCE COMPANIES v. LUMBERMANS MUTUAL CASUALTY COMPANY JANET WADE, PHILIP AND MARY-ANN LAJEUNESSE, AND JOSEPH AND MAE NASSER

Supreme Court of New Hampshire.

February 3, 1984.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea, of Dover (Paul R. Cox and William E. Boc on the brief, and Mr. Boc orally), for the plaintiff.

Devine, Millimet, Stahl & Branch P.A., of Manchester (George R. Moore on the brief and orally), for the defendant Lumbermans Mutual Casualty Company.

Law Offices of James J. Kalled, of Ossipee (Robert G. Whaland on the brief and orally), for the defendants Philip and Mary-Ann LaJeunesse and Joseph and Mae Nasser.

BATCHELDER, J.

This is an appeal from a declaratory judgment, entered by the superior court, concerning insurance coverage for a vehicular accident. The issue presented is whether the defendant insurance company is estopped from denying coverage under its personal injury protection (PIP) policy because of its failure to comply with the notice requirements of RSA 268:5, IV (now codified at RSA 264:3, IV). For the reasons set forth below, we hold that the insurer under...

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