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COLONY INS. CO. v. DOVER INDOOR CLIMBING GYM

No. 2008-759.

974 A.2d 399 (2009)

COLONY INSURANCE COMPANY v. DOVER INDOOR CLIMBING GYM and another.

Supreme Court of New Hampshire.

Opinion Issued: April 24, 2009.

Attorney(s) appearing for the Case

Wiggin & Nourie, P.A., of Manchester (Doreen F. Connor, on the brief and orally), for the plaintiff.

Mallory & Friedman, P.L.L.C., of Concord (Mark L. Mallory, on the brief and orally), for defendant Dover Indoor Climbing Gym.

Shaheen & Gordon, P.A., of Dover, for defendant Richard Bigelow, filed no brief.

DUGGAN, J.

The plaintiff, Colony Insurance Company (Colony), appeals an order of the Superior Court (McHugh, J.) denying its motion for summary judgment and granting that of the defendants, Dover Indoor Climbing Gym (the gym) and Richard Bigelow. We reverse and remand.

The trial court found, or the record supports, the following facts. Colony issued a commercial general liability insurance policy to the gym, which was in effect from January 5, 2007...

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