Empire Insurance Companies v. National Union Fire Insurance

This is an appeal and cross-appeal from a declaratory judgment under RSA 491:22, determining coverage under a liability policy issued to a carnival operator in order to satisfy the operator’s statutory obligation to obtain minimum liability coverage. RSA 321-A:5, III. The policy issued by the plaintiff excludes coverage if its named insured (1) operates a carnival attraction as an independent contractor in association with another carnival or amusement park owner or operator, and (2) is an insured under a separate “legal liability policy” issued to that other owner or operator. The Superior…