Kelly v. Liberty Insurance Corp.

SOUTER, Associate Justice.

In this diversity case, Brendan Kelly sought a declaratory judgment against Liberty Mutual Insurance Corporation, on his claim that Liberty was bound to provide uninsured (or underinsured) motorist coverage for his benefit. See N.H. RSA 259:117. The insurance contract in question was an umbrella policy issued to Plum Creek Timber Company, Kelly's employer and the named insured. The District Court granted summary judgment for Liberty Mutual. We affirm.

The policy was issued in New Hampshire, whose law controls. Thus the insurer bears the burden of proof, N.H. RSA…