American Policyholders' Insurance v. Smith

This is a petition for declaratory judgment under RSA 491:22 to determine coverage under a manufacturers’ and contractors’ liability insurance policy issued by the plaintiff to the defendant, Edward F. Smith. The principal issue is whether an exclusion that purports to modify the property damage coverage extended by the policy is sufficiently clear and adequately positioned so that an ordinary person in the position of the insured would understand that the policy coverage was modified by the exclusion. We find no modification of coverage.

In 1975, Mr. Smith, a self-employed general contractor,…