Patrons-Oxford Mutual Insurance v. Dodge

WERNICK, Justice.

Defendant Bernard R. Dodge has appealed from a judgment entered in the Superior Court (Washington County) in an action in which Patrons-Oxford Mutual Insurance Company is the plaintiff, and one Victor Mahar is joined as another defendant. The plaintiff sought a declaratory adjudication that it is not under a duty to afford Dodge, as its insured, a defense to a civil action Mahar had brought against Dodge. The Superior Court decided that plaintiff has no such obligation to Dodge.

The facts are undisputed. Plaintiff company insured Dodge under a homeowner’s liability policy…