Brown v. City of Laconia

The question in this declaratory judgment action is whether coverage for losses from “Street cleaning including snow removal,” for which a separate premium was paid, is limited by an exclusion of claims based on the ownership, maintenance, existence or use of, or the existence of any condition in highways. The exclusion, if valid, would bar coverage of plaintiff’s claim that he was injured in an accident caused by the negligent failure of the city to remove ice and snow from the highway.

According to an agreed statement of facts, plaintiff was in an automobile accident on Elm Street, a public…