DESROCHERS v. NEW YORK CASUALTY CO.

No. 4315.

99 N.H. 129 (1954)

GUILBERT DESROCHERS & a. v. NEW YORK CASUALTY CO.

Supreme Court of New Hampshire.

Decided June 23, 1954.


Attorney(s) appearing for the Case

Chretien, Bergevin & Chretien (Mr. Bergevin orally), for the plaintiffs.

Devine & Millimet and James B. Malley (Mr. Malley orally), for the defendant.


DUNCAN, J.

The rights and obligations of the parties depend primarily upon the terms of their agreement as expressed by the policy of insurance. The defendant's agreement was "to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages ... because of injury to or destruction of property, including the loss of use thereof." The same language is used in the revised property damage provisions of a standard automobile liability...

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