EMPLOYERS &C. INS. CO. v. BYERS

No. 4404.

99 N.H. 455 (1955)

EMPLOYERS MUTUAL LIABILITY INSURANCE CO. v. WILLIAM ALBERT BYERS & a.

Supreme Court of New Hampshire.

Decided June 22, 1955.


Attorney(s) appearing for the Case

Wiggin, Nourie, Sundeen, Nassikas & Pingree (Mr. Nassikas orally), for the plaintiff.

William D. Tribble for the defendants Byers; (by brief and orally), for Albert C. Byers.

Sulloway, Jones, Hollis & Godfrey for the defendants, Damon Van Utt and Vandermoor Van Utt, co-executors, furnished no brief.


LAMPRON, J.

The issue to be decided is what is meant by "the insured" in that clause of the policy which provides that for any payment made solely because of the requirements of a financial responsibility law "the insured" shall reimburse the company. This clause is applicable because the truck was being operated with the permission of Albert, the named insured, towing a trailer not covered by like insurance in the company...

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