GOLDING-KEENE CO. v. FIDELITY-PHENIX FIRE INSURANCE COMPANY

No. 3869.

96 N.H. 64 (1949)

GOLDING-KEENE COMPANY v. FIDELITY-PHENIX FIRE INSURANCE COMPANY.

Supreme Court of New Hampshire.

December 6, 1949.


Attorney(s) appearing for the Case

Philip H. Faulkner and N. Michael Plaut (Mr. Plaut orally), for the plaintiff.

Frederick W. Branch (by brief and orally), for the defendant.


KENISON, J.

The first question in this appeal, which counsel advises is one of first impression, is whether or not the bulldozer is a vehicle within the meaning of the policy. This question must be determined in the light of the well established rule in New Hampshire that "in construing an insurance contract the test is not what the insurance company intended the words to mean but what a reasonable person in the position of the insured would have understood them to...

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