Legal Opinion

Gannett v. Merchants Mutual Insurance

Supreme Court of New Hampshire

Decided December 12, 1988No. 88-111PublishedCited by 9 opinions

1Opinion of the CourtJohnson, J.

The defendant, Merchants Mutual Insurance Company (Merchants), appeals from an order of the Superior Court {Nadeau, J.) finding that the plaintiff, Anita L. Gannett, the personal representative of the estate of her son, Noel J. Rioux, is entitled to “stack” the uninsured motorist benefits for each automobile insured under a policy issued by the defendant. This order effectively rescinded an earlier settlement agreement entered into by Gannett and Merchants. The court premised its order of rescission on a finding of “mutual mistake,” and allowed for “stacking” based on our decision in Cacavas…

2Cases cited20 opinions

  1. Barnes v. New Hampshire Karting Ass'nSupreme Court of New Hampshire · 1986
  2. Grimes v. Concord General Mutual InsuranceSupreme Court of New Hampshire · 1980
  3. McIsaac v. McMurraySupreme Court of New Hampshire · 1915
  4. DeCato Bros. v. Westinghouse Credit Corp.Supreme Court of New Hampshire · 1987
  5. Bursey v. ClementSupreme Court of New Hampshire · 1978

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3Cited by9 opinions

  1. Poland v. TwomeySupreme Court of New Hampshire · 2007
  2. Collenge v. Runge (In Re Runge)United States Bankruptcy Court, D. New Hampshire · 1998
  3. Miller v. The Sunapee Difference, LLCCourt of Appeals for the First Circuit · 2019
  4. Lizzol v. Brothers Property, et al.District Court, D. New Hampshire · 2016
  5. Miller v. Sunapee Difference, LLCDistrict Court, D. New Hampshire · 2018

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