Foley v. Horace Mann Mutual Insurance

This is a petition for declaratory judgment (RSA 491:22), in which the plaintiff seeks a judicial determination that he is entitled to medical payment benefits under an automobile liability policy issued to his father for injuries that the plaintiff received while operating his brother’s motorcycle. The case was submitted on the pleadings, the insurance policy and an agreed statement of facts. The Superior Court {Flynn, J.) ruled that the plaintiff was not entitled to medical payment benefits. The plaintiff appealed to this court and we affirm.

On March 17, 1977, the plaintiff, while operating…