Old Republic Insurance Company v. Stratford Insurance Company

Pursuant to Supreme Court Rule 34, the United States Court of Appeals for the First Circuit (Lynch, C.J.) certified to us the following questions:

Under New Hampshire law, when is an excess insurer’s duty to defend triggered? Does New Hampshire follow the general rule that the excess insurer’s duty to defend is triggered only when the primary insurer’s coverage is exhausted? If not, what rule as to allocation of defense costs and timing of payment does New Hampshire follow?

We respond that, under New Hampshire law, the excess insurer’s duty to defend is triggered only when the primary’s…