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FARM BUREAU &C. INS. CO. v. GARLAND

No. 4518.

100 N.H. 351 (1956)

FARM BUREAU MUTUAL AUTOMOBILE INSURANCE CO. v. ETHEL W. GARLAND & a.

Supreme Court of New Hampshire.

Decided October 31, 1956.

Attorney(s) appearing for the Case

Upton, Sanders & Upton and Wesley E. Whitney (Mr. Whitney orally), for the plaintiff.

Nighswander, Lord & Bownes (Mr. Bownes orally), for the defendant Garland.

Bernard I. Snierson and John P. Chandler (Mr. Chandler orally), for the defendant Abrams.

DUNCAN, J.

By its policy issued to the defendant Garland, the plaintiff undertook "to pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury . . . sustained by any person . . . and arising out of the . . . use of the automobile." The policy further provided that "the unqualified word `Insured' includes the Named Insured and also includes any person while using the automobile. . . provided the...

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