Howard v. Dorr Wollen Company

120 N.H. 295, 414 A.2d 1273 (1980)

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Nature of the Case

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Facts

Baldwin worked for Dorr (D) and was discharged for economic necessity at the age of 50. At the age of 55, Baldwin was entitled to retirement benefits. Upon discharge, Baldwin decided not to continue a term life policy supplied under group insurance by the company because he did not want to assume the premium payments. Baldwin died one year after discharge. The administrator of his estate, Howard (P) sued under wrongful discharge for the amount of the life insurance policy ($36,000). P cited the Monge case and argued that the discharge was because of Baldwin's age, and his debilitating condition of angina, and for the purpose of denying him retirement benefits, and was motivated by bad faith, malice, and retaliation.