McCaffery v. St. Paul Fire & Marine Insurance

The parties submitted an agreed case on stipulated facts ( Lariviere v. New Hampshire Fire Ins. Co., 105 N. H. 73) and the Court (Leahy, C. J.) reserved and transferred without ruling the question whether the plaintiff is entitled to recover under the uninsured motorists endorsement of the policy issued by the defendant. The issue presented is where the insurer of the tort-feasor’s automobile becomes insolvent after the accident, does this make the automobile “uninsured” within the meaning of the New Hampshire Uninsured Motorists Law ( RSA 268:15 ) so as to allow the injured party to recover…