Dover Mills Partnership v. Commercial Union Insurance

The plaintiff, Dover Mills Partnership, appeals the ruling of the Superior Court (Mohl, J.) granting the motion for summary judgment of the defendant, Commercial Union Insurance Companies d/b/a American Employers Insurance Company, in the plaintiff’s declaratory judgment action, see RSA 491:22 (1983 & Supp. 1996) (amended 1996). We reverse and remand.

The trial court found the following facts after consideration of the evidence in the light most favorable to the plaintiff. See Conrad v. Hazen, 140 N.H. 249, 250, 665 A.2d 372, 374 (1995). In February 1994, James Tremblay was injured when he…