Shelby Mutual Insurance v. Carrier

The Trial Court (Johnson, J.) transferred the following questions to this court: (1) “[w]hether the failure of the Shelby Mutual Insurance Company to return the FR-21 form within fifteen days of the notice it received requires it to provide coverage under RSA 268:5 IV and Auclair v. Allstate, 118 N.H. 626, 392 A.2d 1197 (1978)”; and (2) “whether the term ‘owner’ as defined in RSA 268:1 III is part of the mandatory amendments to New Hampshire Insurance Policies so as to control the definition of ‘owner’ in a non-owner’s automobile policy.” We answer both questions in the negative and remand.

The…