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EMPIRE INS. COS. v. NATIONAL UNION FIRE INS. CO.

No. 85-146.

128 N.H. 171 (1986)

THE EMPIRE INSURANCE COMPANIES v. NATIONAL UNION FIRE INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

June 5, 1986.

Attorney(s) appearing for the Case

Ransmeier & Spellman, of Concord (Steven E. Hengen and Diane L. Perin on the brief, and Mr. Hengen orally), for the Empire Insurance Companies.

Hermann & Harkinson, of Manchester (Robert L. Hermann, Jr., on the brief and orally), for the National Union Fire Insurance Company.

SOUTER, J.

This is an appeal and cross-appeal from a declaratory judgment under RSA 491:22, determining coverage under a liability policy issued to a carnival operator in order to satisfy the operator's statutory obligation to obtain minimum liability coverage. RSA 321-A:5, III. The policy issued by the plaintiff excludes coverage if its named insured (1) operates a carnival attraction as an independent contractor in association with another carnival or amusement...

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