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MARTENSON v. MASSIE

No. 6453

113 N.H. 181 (1973)

ARTHUR O. MARTENSON, INDIVIDUALLY AND NEXT FRIEND OF JILL MARTENSON, & a. v. BRUCE MASSIE AND GUARANTEE MUTUAL ASSURANCE COMPANY OF AMERICA

Supreme Court of New Hampshire.

April 30, 1973

Attorney(s) appearing for the Case

Normandin, Cheney & O'Neil and David O. Huot (Mr. Huot orally) for the plaintiffs.

Wescott, Millham & Dyer for defendant Massie filed no brief; Devine, Millimet, Stahl & Branch (Mr. Bartram C. Branch orally) for the defendant company.

GRIMES, J.

The question in this petition for declaratory judgment is whether a boat with inboard-outboard motor power in excess of 50 horsepower is covered by an insurance policy which excludes boats with "inboard motor power" in excess of 50 horsepower. We hold that there is coverage.

This action arises out of a collision between two boats on Lake Winnipesaukee. Bruce Massie was operating his father's boat which was powered by a 120 hp. inboard-outboard motor...

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