Green Mountain Insurance v. United States Fidelity & Guaranty Co.

The rule adopted by the majority in Concord Group Insurance Companies v. Lumbermans Mutual Casualty Company, 124 N.H. 440, 471 A.2d 1159 (1984), and applied in this case, places an unnecessary and unreasonable burden on insurance carriers by taking a much broader view of the “policy” underlying RSA 268:5, IV (now codified at RSA 264:3, IV) than did this court when it decided Hartford Accident and Indemnity Co. v. Come, 100 N.H. 177, 123 A.2d 267 (1956).

We found that the carrier in that case “had ‘notice of such accident’ from its issuing broker and from its own investigation, and knew that…