U.S. FIDELITY & GUARANTY CO., INC. v. JOHNSON SHOES, INC.

No. 82-119.

123 N.H. 148 (1983)

UNITED STATES FIDELITY & GUARANTY CO., INC. v. JOHNSON SHOES, INC.

Supreme Court of New Hampshire.

March 24, 1983.


Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Gregory A. Holmes and William S. Orcutt on the brief, and Mr. Orcutt orally), for United States Fidelity & Guaranty Co., Inc.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Wilbur A. Glahn, III, and James C. Hood on the brief, and Mr. Glahn orally), for the intervenor Eli Fishman.

Devine, Millimet, Stahl & Branch P.A., of Manchester (Lee C. Nyquist on the brief and orally), for the intervenor Cohas Realty Corporation.


DOUGLAS, J.

This appeal involves issues arising out of a declaratory-judgment petition filed by United States Fidelity & Guaranty Co., Inc. (USF&G) to determine its obligation to provide coverage and to defend its insured, Johnson Shoes, Inc., in two underlying lawsuits. USF&G denied that it had a duty to provide coverage and to defend on two grounds: (1) that no "occurrence," as defined by the policy, had occurred during the coverage period; and (2) that...

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