United States First Circuit

In this case, two insurers dispute their respective duties to defend and indemnify a tractor-trailer involved in an auto collision causing serious injuries. The owner of the tractor obtained primary insurance for the tractor through plaintiff-insurer, while the operator obtained separate insurance through defendant-insurer. Plaintiff brings this it to determine defendant's insurance obligations. The judgment of the district court concluding that defendant is not a co-primary insurer is affirmed, where: 1) the operator and defendant never intended for defendant to provide co-primary coverage to the tractor-trailer involved in the accident, thus leaving plaintiff as the primary insurer and defendant as the excess insurer; and 2) the question of defendant's duty to defendant as an excess insurer under New Hampshire law is certified to the New Hampshire Supreme Court.

Appellate Information

• Decided 01/26/2015
• Published 01/26/2015

Judges

• Lynch

Court

• United States First Circuit

Counsel