Sutton Mutual Fire Insurance v. Ray-Jon, Inc.

This case was consolidated and tried in the superior court, with another case involving the defendant Raymond Johnson and the Liberty Mutual Insurance Company. The defendant Johnson was the appellant in the Liberty Mutual case and his exceptions were argued and decided adversely to him prior to argument of this case. Johnson v. Liberty Mut. Ins. Co., 113 N.H. 8, 300 A.2d 57 (1973).

In the present declaratory judgment action, the Trial Court (Keller, C. J.) made certain findings and decreed that Sutton Mutual Insurance Company was not required to defend the action brought against defendant…