Villars v. City of Portsmouth & American Fidelity Insurance

The plaintiff states on information and belief that the city has a liability policy with the defendant company which affords coverage to him individually and to his minor son. He then alleges that his counsel cannot “advise as to coverage until he has had an opportunity to examine the master policy of said insurance company which has now been located in the possession of the City Clerk . ... ” Our declaratory judgment statute (RSA 491:22) which the plaintiff would invoke, reads as follows: “Any person claiming a present legal or equitable right or title may maintain a petition against any…