NEWFOUNDLAND &c. INS. CO. v. KAMIENIECKI

No. 5092.

104 N.H. 425 (1963)

NEWFOUNDLAND AMERICAN INSURANCE CO. v. STEVEN KAMIENIECKI & a.

Supreme Court of New Hampshire.

Decided February 21, 1963.


Attorney(s) appearing for the Case

Sweeney & Welts (Mr. Robert B. Welts orally), for the plaintiff.

Leonard & Leonard (Mr. Richard W. Leonard orally), for the defendant Kamieniecki.

Morris D. Stein for the defendant Gladstone, furnished no brief.


KENISON, C. J.

It is probably an understatement to say that the courts have not been harmonious in applying the care, custody and control exclusion clause in liability insurance policies. 2 Richards, Insurance (5th ed.) s. 301A (1962 supp); Annot. 62 A.L.R. 2d 1242. "The courts have been more reluctant to apply the care, custody and control exclusion to realty than to chattels. Where, for instance, the insured has contracted to and is actually in the...

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