Craftsbury Co. v. Assurance Co. of America

The defendant, Assurance Company of America (Assurance), an insurance company, appeals a ruling of the Superior Court {Hollman, J.) denying its motion to dismiss a declaratory judgment petition filed by the plaintiffs, The Craftsbury Company, Inc., E. Ladd Kautz and Timothy L. Kautz (collectively, Craftsbury). It argues, among other things, that the petition was untimely because it was filed beyond the six-month limitations period provided under RSA 491:22 (1997). We reverse and remand.

Craftsbury, who are building contractors, and New England Homes (NEH), a manufacturer of modular homes, were…