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OLIVA v. VT. MUT. INS. CO.

No. 2003-316.

150 N.H. 563 (2004)

STEPHEN S. OLIVA v. VERMONT MUTUAL INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

Opinion Issued: February 17, 2004.

Attorney(s) appearing for the Case

Follender Law Offices, P.L.L.C., of Nashua (Richard C. Follender on the brief and orally), for the plaintiff.

Wiggin & Nourie, P.A., of Manchester (Gary M. Burt and Ralph Suozzo on the brief, and Mr. Burt orally), for defendant Vermont Mutual Insurance Company.

DUGGAN, J.

In this declaratory judgment action, defendant Vermont Mutual Insurance Company (Vermont Mutual) appeals an order of the Superior Court (Galway, J.) finding insurance coverage under a homeowner's policy because Jeremy Raskiewicz was "in the care of" its insured, defendant Mavrone Alt, at the time the plaintiff, Stephen S. Oliva, was injured while working with Raskiewicz. We reverse.

The trial court found the following facts. In June 2000...

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