MERCHANTS &C. CAS. CO. v. CAPOBIANCO

No. 4477.

100 N.H. 223 (1956)

MERCHANTS MUTUAL CASUALTY CO. v. MICHAEL A. CAPOBIANCO & a.

Supreme Court of New Hampshire.

Decided May 31, 1956.


Attorney(s) appearing for the Case

George P. Cofran and Paul A. Rinden (Mr. Rinden orally), for the plaintiff.

Sulloway, Jones, Hollis & Godfrey and Irving H. Soden (Mr. Soden orally), for the defendant Warren.

Upton, Sanders & Upton for the defendants Capobianco, furnished no brief.


GOODNOW, J.

The principal claim of the plaintiff involves subsection (b) (2) of insuring agreement V of the policy in question which provides that "use of other automobiles" coverage shall not apply "to any automobile while used in the business or occupation of the named insured." By its exceptions, the plaintiff raises the issue of whether the Trial Court correctly interpreted this policy provision in reaching its conclusion that Capobianco, the named insured in...

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