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NENNI v. COMM'R, NEW HAMPSHIRE INS. DEPT.

No. 2007-331.

938 A.2d 116 (2007)

Robert NENNI and another v. COMMISSIONER, NEW HAMPSHIRE INSURANCE DEPARTMENT.

Supreme Court of New Hampshire.

Opinion Issued: December 18, 2007.

Attorney(s) appearing for the Case

Michael J. Di Cola, of Alton, by brief, for petitioners.

Kelly A. Ayotte, attorney general (Glenn A. Perlow, assistant attorney general, on the brief), for respondent.

BRODERICK, C.J.

The petitioners, Robert and Arlene Nenni, appeal the order of the Superior Court (Conboy, J.) denying their motion for summary judgment and granting summary judgment to the respondent, the Commissioner of the New Hampshire Insurance Department (department). We affirm.

The parties stipulated to, or the record reveals, the following facts. On or about January 3, 2000, each petitioner purchased the Polaris II variable annuity (Polaris II...

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