Cook v. CIGNA Insurance

The defendant, CIGNA Insurance Company (CIGNA), appeals the decision of the Superior Court (Lynn, J.) in a declaratory judgment action filed by the plaintiff, Stephen Cook, finding coverage under the CIGNA policy. CIGNA argues that the trial court erred: (1) in placing the burden of proof on CIGNA pursuant to RSA 491:22-a (1983); (2) in awarding attorney’s fees to the plaintiff pursuant to RSA 491:22-b (1983); and (3) in finding that the vehicle involved in the underlying accident was neither owned by the plaintiff nor available for his regular use. We affirm.

In 1985, the plaintiff, a…