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BOWEN v. MERCHANTS MUTUAL CASUALTY CO.

No. 4256.

99 N.H. 107 (1954)

FAXON D. BOWEN v. MERCHANTS MUTUAL CASUALTY CO. & a.

Supreme Court of New Hampshire.

Decided June 23, 1954.

Attorney(s) appearing for the Case

Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the plaintiff.

Burns, Calderwood & Bryant (Mr. Bryant orally), for the defendant Merchants Mutual Casualty Co.

McLane, Davis, Carleton & Graf and Robert A. Raulerson (Mr. Raulerson orally), for the defendant Milton Makris.

GOODNOW, J.

Clause V of the basic policy issued by the Merchants Mutual Casualty Co. to Milton Makris is concerned with "Use of Other Automobiles" and is stipulated by section 13 of the policy to provide "excess insurance over any other valid and collectible insurance available to the insured." Before considering the validity of the specific grounds advanced by the company in avoidance of liability under the provisions of this clause, however, it is first necessary...

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