Supreme Court of New Hampshire June 5, 1934 (Gibbs v. Lumbermen's Mutual Casualty Co.)

Allen, J.

If the plaintiff may charge the defendant with conducting the defence of the action, the issue of coverage may not now be litigated. The defendant as insurer had no interest to defend unless there was coverage, and this was a preliminary question to be determined.

American Motorists Ins. Co.

v.

Garage,

86 N. H. 362, and cases cited.