Sutton Mutual Insurance v. O'Brien

The claim of error advanced by the defendant Dorothy O’Brien is that the Trial Court erred in finding that she did not have permission to use the vehicle. The argument in support of this contention is based upon the “relationship [of] the parties” (Standard &c. Ins. Co. v. Gore, 99 N. H. 277, 282 ) and the assertion that the evidence makes it “clear that Mrs. O’Brien had to procure the car keys from Mr. Boyce,” and thus had “tacit permission” to use the car. Allstate Ins. Co. v. Page, 105 N. H. 410, 413. A review of the record in the case however indicates that this conclusion was not…