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AMICA MUT. INS. CO. v. ZINCK

No. 87-127.

130 N.H. 357 (1988)

AMICA MUTUAL INSURANCE COMPANY v. MELTON D. ZINCK & a.

Supreme Court of New Hampshire.

March 10, 1988.

Attorney(s) appearing for the Case

Sulloway, Hollis & Soden, of Concord (Margaret H. Nelson and Robert J. Lanney on the brief, and Mr. Lanney orally), for the plaintiff, Amica Mutual Insurance Company.

Wiggin & Nourie, of Manchester (Gordon A. Rehnborg, Jr., and Doreen F. Connor on the brief, and Ms. Connor orally), for the defendants, Melton D., Carole J., and Timothy Zinck.

Cullity, Kelley & McDowell, of Manchester (Joseph F. McDowell, III, on the brief, and Sean P. Gill orally), for the intervenor, Jennie Bieniek, Administratrix of the Estate of Thomas Bieniek.

BATCHELDER, J.

The defendants appeal a declaratory judgment granted by the Superior Court (Goode, J.) in favor of Amica Mutual Insurance Company (Amica). The issue is whether the insurance company is obligated to provide coverage for and defend defendant Timothy Zinck as a "person insured" under his parents' Amica automobile insurance policy with respect to an automobile accident in which Timothy was driving a "nonowned" vehicle. The superior court ruled that...

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