Concord Group Insurance Companies v. Lumbermans Mutual Casualty Co.

This is an appeal from a declaratory judgment, entered by the superior court, concerning insurance coverage for a vehicular accident. The issue presented is whether the defendant insurance company is estopped from denying coverage under its personal injury protection (PIP) policy because of its failure to comply with the notice requirements of RSA 268:5, IV (now codified at RSA 264:3, IV). For the reasons set forth below, we hold that the insurer under a PIP policy does not have a statutory obligation to notify the department of safety of its decision to deny coverage within fifteen days of…