406 A.2d 715 (N.H. 1979), 79-062, New Hampshire Ins. Co. v. Schofield

Docket Nº:79-062.
Citation:406 A.2d 715, 119 N.H. 692
Opinion Judge:GRIMES, J.
Party Name:NEW HAMPSHIRE INSURANCE COMPANY v. Jacqueline M. SCHOFIELD et al.
Attorney:Hinkley & Donovan, Lancaster (Walter D. Hinkley, Lancaster, orally), for plaintiff., Devine, Millimet, Stahl & Branch, Manchester (E. Donald Dufresne, Manchester, orally), for St. Paul Fire & Marine Ins. Co. Hinkley & Donovan, of Lancaster (Walter D. Hinkley orally), for the plaintiff. Devine, M...
Judge Panel:All concurred.
Case Date:August 20, 1979
Court:Supreme Court of New Hampshire
 
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406 A.2d 715 (N.H. 1979)

119 N.H. 692

NEW HAMPSHIRE INSURANCE COMPANY

v.

Jacqueline M. SCHOFIELD et al.

No. 79-062.

Supreme Court of New Hampshire.

August 20, 1979

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Hinkley & Donovan, Lancaster (Walter D. Hinkley, Lancaster, orally), for plaintiff.

Devine, Millimet, Stahl & Branch, Manchester (E. Donald Dufresne, Manchester, orally), for St. Paul Fire & Marine Ins. Co.

[119 N.H. 693] GRIMES, Justice.

The question in this declaratory judgment action is whether the trial court erred in ruling that the St. Paul Fire & Marine Insurance Co., and not the plaintiff company, provided coverage for the accident in which defendant Jacqueline M. Schofield was injured on premises owned by defendants Neil A. Cowan and Ross V. Deachman.

Neil A. Cowan and Ross V. Deachman, d.b.a. Nero Realty, owned a large set of buildings in the town of Rumney. Part of the premises was a large barn, the ground floor of which was converted to a restaurant. On the second floor of the barn were living quarters and above that an attic which was reached through a trap door in the ceiling of the hallway of the second floor.

In January 1975, the owners leased to Clifford Wallshein and Roger Beinish the "first and second floors of what was formerly the barn section of the buildings together with two rooms off the dining room area." The lessees were to have the use of certain equipment and of the walk-in and upright freezer. Article VI, paragraph G of the lease required the lessees to obtain public liability insurance with the lessors as additional insureds. Defendant St. Paul Fire & Marine Insurance Co. (hereinafter St. Paul) issued a policy to the lessees with the Description of Hazards designated "Premises Operations, Restaurant," and the lessors, Cowan and Deachman, were named as additional insureds.

Plaintiff issued to the owners an Owners', Landlords', and Tenants' liability policy on the whole premises. The policy contained an endorsement which provided: "In consideration of the premiums charged, it is hereby agreed that premises liability coverage as afforded by this policy does not apply to restaurant operations."

Wallshein was conducting a restaurant business on the leased premises on December 19, 1976. Defendant Jacqueline Schofield was employed in the restaurant and was living with Wallshein on the second

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floor of the leased premises. She was told to find the restaurant's Christmas decorations and decorate the restaurant. Believing that the decorations were in the attic on the third floor, where she and...

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