COMMERCIAL UNION ASSURANCE COS. v. TOWN OF DERRY

No. 7959

118 N.H. 469 (1978)

COMMERCIAL UNION ASSURANCE COMPANIES v. TOWN OF DERRY EDWIN C. SIMONSEN BELLEFONTE INSURANCE COMPANY

Supreme Court of New Hampshire

June 27, 1978


Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch, of Manchester (David H. Barnes orally), for the plaintiff.

Soule, Leslie & Bronstein, of Salem (Gerald M. Zelin orally), for the defendant.


DOUGLAS, J.

This case concerns the interpretation of a liability insurance policy clause that limits coverage to accidents not intended or expected by the insured. The issue is whether the clause suspends the insurer's obligation to defend or indemnify the town of Derry in a suit arising from an allegedly intentional tort committed by a town employee who is also an insured under the policy. We find no suspension of coverage.

In 1974 a car driven by Edwin C...

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