Old Republic Insurance Co. v. Stratford Insurance Company

I fully join the decision to certify the duty-to-defend question to the New Hampshire Supreme Court. I do not agree, however, that the Stratford policy, as originally issued, provided no coverage for the *87Ryder tractor. In my view, the original policy did provide such coverage, but the retroactive endorsement then made such coverage excess instead of primary. And thus I end up where the majority does, but by a different route.

As the majority notes, Stratford’s Senior Litigation Specialist, on reviewing the language of Stratford’s policy, concluded “there was an exposure out there that wasn’t…