MILWAUKEE INS. CO. v. MORRILL

No. 4492.

100 N.H. 239 (1956)

MILWAUKEE INSURANCE COMPANY v. EUGENE A. MORRILL & a.

Supreme Court of New Hampshire.

Decided May 31, 1956.


Attorney(s) appearing for the Case

Sheehan, Phinney & Bass and Joseph F. Devan (Mr. Devan orally), for the plaintiff.

Devine & Millimet and Bartram C. Branch (Mr. Branch orally), for the defendants Maryrose Mallon Smith and Herbert E. Smith.


BLANDIN, J.

In regard to the first question, the plaintiff claims it is not obliged to furnish coverage to Morrill, first, because of an exclusion in the policy which provides that it does not cover "any automobile . . . furnished for regular use to the Named Insured" or "any automobile while used in the business or occupation of the Named Insured . . ." Clause V (b) (1) (2). In the absence of statute, the fact that the truck which Morrill was driving at the time...

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