Metropolitan Property & Liability Insurance v. Ralph

I would affirm the trial court in this case, but would not reach the issue of whether there is continuing vitality in National Grange Mutual Insurance Co. v. Smith, 133 N.H. 279, 574 A.2d 1386 (1990). Hence, I concur in the result reached by my colleagues Justices Horton and Batchelder, but I do not conclude that National Grange should be overruled.

The trial court made significant findings of fact that lead me to this conclusion. The trial court found as follows:

“Metropolitan’s repeated and steadfast refusal to participate in any way constituted a waiver on the part of Metropolitan of any…