COMMERCIAL UNION ASSURANCE CO. v. BROWN CO.

No. 79-462.

120 N.H. 620 (1980)

COMMERCIAL UNION ASSURANCE COMPANY v. BROWN COMPANY

Supreme Court of New Hampshire.

September 17, 1980.


Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch, of Manchester (George R. Moore orally), for the plaintiff.

Bergeron & Hanson, of Berlin (Alethea L. Froburg orally), for the defendant.


BOIS, J.

This is an appeal arising from a petition for declaratory judgment. The issue is whether an indemnity clause in a construction contract between the defendant Brown Company and the Paul A. Lawrence Company requires that Lawrence indemnify Brown Company for Brown's acts of negligence. The Superior Court (Temple, J.) held that the indemnity clause did not apply. We disagree.

In April 1974, the Lawrence Company entered into a construction contract...

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