Young v. New Hampshire Indem. Co., Inc., 80-195
| Court | Supreme Court of New Hampshire |
| Writing for the Court | DOUGLAS |
| Citation | 120 N.H. 882,424 A.2d 205 |
| Parties | , 1981 O.S.H.D. (CCH) P 25,318 Roger YOUNG v. NEW HAMPSHIRE INDEMNITY COMPANY, INC. et al. |
| Docket Number | No. 80-195,80-195 |
| Decision Date | 26 December 1980 |
Page 205
v.
NEW HAMPSHIRE INDEMNITY COMPANY, INC. et al.
Upton, Sanders & Smith, Concord (John F. Teague, Concord, orally), for plaintiff.
Hall, Morse, Gallagher & Anderson, Concord (Robert E. K. Morrill, Concord, orally), for defendant.
DOUGLAS, Justice.
In this insurance coverage case we must determine whether the plaintiff Roger Young is an "executive officer," thereby requiring the defendant New Hampshire Indemnity Company to defend an action brought by a fellow employee against him. We hold that he is.
Mrs. Ruth W. Holmes was injured by a hydraulic press while employed at International Packings Corporation in Bristol, New Hampshire. After collecting workmen's compensation, she brought an action in July 1978 against Roger Young, a fellow employee. New Hampshire is one of only fourteen states that permit such actions. Stevens v. Lewis, 118 N.H. 367, 368, 387 A.2d 637, 638 (1978). See RSA 281:12 (Supp.1979). As
Page 206
did the plaintiff in the Stevens case, Mrs. Holmes alleged that Young was in charge of plant safety and that he breached that duty by failing to provide a safe place for her to work.The insurance carrier denied coverage and Young filed a petition for declaratory judgment under RSA 491:22. The Master, Robert A. Carignan, Esq., ruled in the plaintiff's favor. DiClerico, [120 N.H. 883] J. approved the recommendation that the carrier was to provide coverage for Mrs. Holmes's action. This appeal followed.
International Packings Corporation (IPC) is a New Hampshire company that makes rubber seals and parts primarily for the automotive industry. The manufacturing process at the plant in Bristol, where Roger Young serves as plant manager, involves the use of many large, complex machines. Young's managerial duties place upon him the responsibility to supervise directly three foremen and forty employees. As safety officer, Young is head of the safety committee and is responsible for compliance with regulations of the United States Occupational Safety & Health Administration and the United States Environmental Protection Agency. Young also was involved in the purchase and construction of other plants. On his own signature, he has bound the corporation to contracts with machinery contractors and other tradesmen.
The retired treasurer of IPC, James Clowes, purchased the 121-page insurance policy at...
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Smith v. Liberty Mut. Ins. Co., 86-294
...the policy covered Smith because a plant manager was an "executive officer." They relied on Young v. New Hampshire Indemnity Co., Inc., 120 N.H. 882, 424 A.2d 205 (1980), in which this court held that an identical policy provision was both ambiguous and susceptible of being read to provide ......
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Diamond Intern. Corp. v. Allstate Ins. Co., 83-1061
...absence of a precise definition in the policy, and must therefore be construed against the insurer. Young v. New Hampshire Indemnity Co., 120 N.H. 882, 884, 424 A.2d 205, 206 (1980). In Young, the New Hampshire court distinguished between "corporate officers" and "executive officers" and in......
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Gagnon v. New Hampshire Ins. Co., 89-439
...the phrase "executive officer" as it appears in a commercial liability policy. Both Smith, supra and Young v. N.H. Indem. Co., Inc., 120 N.H. 882, 424 A.2d 205 (1980), involved insurance provisions identical to Section II, Persons Insured, of defendant's insurance policy, quoted above. In S......
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Royal Globe Ins. Companies v. Fletcher, s. 81-272
...coverage to Kunze under this section of the contract. The policy does not define "executive officer." See Young v. N.H. Indem. Co., Inc., 120 N.H. 882, 883, 424 A.2d 205, 206 (1980). A review of the parties' agreed facts and the evidence at trial, however, fully supports the trial court's r......
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Smith v. Liberty Mut. Ins. Co., 86-294
...the policy covered Smith because a plant manager was an "executive officer." They relied on Young v. New Hampshire Indemnity Co., Inc., 120 N.H. 882, 424 A.2d 205 (1980), in which this court held that an identical policy provision was both ambiguous and susceptible of being read to provide ......
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Diamond Intern. Corp. v. Allstate Ins. Co., 83-1061
...absence of a precise definition in the policy, and must therefore be construed against the insurer. Young v. New Hampshire Indemnity Co., 120 N.H. 882, 884, 424 A.2d 205, 206 (1980). In Young, the New Hampshire court distinguished between "corporate officers" and "executive officers" and in......
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Gagnon v. New Hampshire Ins. Co., 89-439
...the phrase "executive officer" as it appears in a commercial liability policy. Both Smith, supra and Young v. N.H. Indem. Co., Inc., 120 N.H. 882, 424 A.2d 205 (1980), involved insurance provisions identical to Section II, Persons Insured, of defendant's insurance policy, quoted above. In S......
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Royal Globe Ins. Companies v. Fletcher, s. 81-272
...coverage to Kunze under this section of the contract. The policy does not define "executive officer." See Young v. N.H. Indem. Co., Inc., 120 N.H. 882, 883, 424 A.2d 205, 206 (1980). A review of the parties' agreed facts and the evidence at trial, however, fully supports the trial court's r......