AMERICAN POLICYHOLDERS' INS. CO. v. SMITH

No. 79-262

120 N.H. 202 (1980)

AMERICAN POLICYHOLDERS' INSURANCE COMPANY v. EDWARD F. SMITH

Supreme Court of New Hampshire

March 13, 1980


Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Kenneth G. Bouchard orally), for the plaintiff.

Alexander M. Lachiatto, of Franklin, by brief and orally, for the defendant.


DOUGLAS, J.

This is a petition for declaratory judgment under RSA 491:22 to determine coverage under a manufacturers' and contractors' liability insurance policy issued by the plaintiff to the defendant, Edward F. Smith. The principal issue is whether an exclusion that purports to modify the property damage coverage extended by the policy is sufficiently clear and adequately positioned so that an ordinary person in the position of the insured would understand that...

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