THONE v. CAIRO

No. 87-012.

130 N.H. 157 (1987)

PAULINE F. THONE & a. v. RUTH CAIRO AND AETNA CASUALTY AND SURETY COMPANY

Supreme Court of New Hampshire.

December 7, 1987.


Attorney(s) appearing for the Case

Cullity, Kelley & McDowell, of Manchester (Joseph F. McDowell, III, and Sean P. Gill on the brief, and Mr. McDowell orally), for the plaintiffs, Pauline F. Thone, Administratrix, and Shirley Souther, Administratrix.

Ouellette, Hallisey, Dibble & Tanguay P.A., of Dover (Stephen H. Roberts on the brief and orally), for the defendant Aetna Casualty and Surety Company.


BATCHELDER, J.

This is an appeal by the defendant insurance company from a summary judgment granted to the plaintiffs in a declaratory judgment action, finding coverage under a homeowner's policy. We reverse.

Ruth Cairo, the defendant insured in this action, owned real estate abutting the easterly limit of Lafayette Road in Seabrook on August 10, 1982, the date of the accident giving rise to this litigation. The real estate comprising the defendant's holdings...

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