Merchants Mutual Insurance v. Simoneau

By this petition for declaratoryjudgment (RSA 491:22), the plaintiff insurer seeks a decree that it is not obligated to defend actions for personal injury and for wrongful death or satisfy any judgments arising out of a 1966 accident involving an automobile insured by the company under a policy issued to the defendant Simoneau. The defendant Gerard Hegarty was operating the automobile when the accident occurred. The Superior Court (Dunfey, J.), after trial without jury, ruled that the plaintiff is obligated to defend the pending law actions, and reserved and transferred plaintiff’s exceptions…