VERMONT MUT. INS. CO. v. MALCOLM

No. 85-357.

128 N.H. 521 (1986)

VERMONT MUTUAL INSURANCE COMPANY v. MILLER DAY MALCOLM

Supreme Court of New Hampshire.

October 2, 1986.


Attorney(s) appearing for the Case

Downs, Rachlin & Martin, of Burlington, Vermont, and Ransmeier & Spellman, of Concord (Robert D. Rachlin and Michael J. Gannon on the brief, and Mr. Rachlin orally), for the plaintiff.

Avery & Friedman, of Boston, Massachusetts, Font & Glazer, of Cambridge, Massachusetts, and Backus, Shea & Meyer, of Manchester (Michael Avery & a. on the brief, and Mr. Avery orally), for the intervenor, plaintiff in the underlying suit.


SOUTER, J.

In this declaratory judgment proceeding, the insurer appeals a decree of summary judgment entered by the Superior Court (Murphy, J.), finding coverage under a homeowner's insurance policy for liability arising from an insured's acts of sexual assault. We reverse.

An eleven-year-old boy and his mother brought an underlying civil action in which they alleged that over the course of a weekend the defendant...

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