Acadia Insurance v. McNeil

711 A.2d 873, 142 N.H. 815, 1998 A.M.C. 1986, 1998 N.H. LEXIS 41, 1998 WL 330916
CourtSupreme Court of New Hampshire
DecidedMay 22, 1998
DocketNo. 97-432
StatusPublished
Cited by2 cases

This text of 711 A.2d 873 (Acadia Insurance v. McNeil) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acadia Insurance v. McNeil, 711 A.2d 873, 142 N.H. 815, 1998 A.M.C. 1986, 1998 N.H. LEXIS 41, 1998 WL 330916 (N.H. 1998).

Opinion

BROCK, C.J.

The United States Court of Appeals for the First Circuit (Selya, J.) has certified to us the following question of law, see SUP. Ct. R. 34, concerning a yacht policy issued by the plaintiff, Acadia Insurance Company:

Does the N.H. Rev. Stat. Ann. § 412:2(11) apply to the liability component of an ocean marine insurance policy issued in New Hampshire?

For the reasons stated below, we answer in the affirmative.

The relevant facts are as follows. In July 1995, the plaintiff issued a yacht policy to Michael McNeil (insured). The policy only extended coverage for “private pleasure” use and navigation of the yacht within inland lakes and rivers of five States for seven months of the year. The policy includes a section entitled “liability insurance” extending coverage for

damages for all loss of life, bodily injury and property damage which occur during the policy period and for which [the insured] become[s] legally liable to pay by reason of [the insured’s] ownership, operation, or maintenance of the insured property.

This section excludes coverage “for any liability between or among members of [the insured’s] family.”

In January 1996, defendant George McNeil, the insured’s father, filed an action in superior court against the insured claiming bodily injuries and consequential damages resulting from the insured’s negligent operation of his boat. The plaintiff denied coverage and filed a declaratory judgment action against the insured in the United States District Court for the District of New Hampshire. George McNeil filed a petition for declaratory judgment in the superior court seeking a determination that the intra-family claims exclusion is invalid under New Hampshire law. See 412:2, II (Supp. 1997). At the plaintiff’s request, the federal district court ordered removal of the state court actions and, subsequently, consolidated them with the declaratory judgment action then pending in the federal district court. When the insured and Acadia cross-moved for summary judgment, the District Court (Barbadoro, J.) ruled that RSA 412:2, II invalidated the intra-family claims exclusion. The plaintiff appealed to the United States Court of Appeals for the First Circuit.

The court of appeals analyzed the predominant purpose of the policy, “as measured by the dimensions of the contingency insured against and the risk assumed,” to determine the nature of the [818]*818insurance. It concluded that the policy “constitutes an ocean marine policy within the federal courts’ admiralty jurisdiction” and that the liability section of the policy did not “transform it into a general liability policy,” but certified to us the question concerning the applicability of RSA 412:2, II to the liability component of marine insurance policies.

RSA 412:2, II provides that “[n]o liability policy issued or delivered in this state shall contain any exclusion which would preclude coverage for intra-family or inter-spousal claims.” (Emphasis added.) The plaintiff essentially argues that the statute applies only to general liability policies, and that the New Hampshire Insurance Code distinguishes marine insurance policies from general liability policies and regulates them separately.

“In matters of statutory interpretation, this court is the final arbiter of the intent of the legislature as expressed in the words of a statute considered as a whole.” Welch v. Director, N.H. Div. of Motor Vehicles, 140 N.H. 6, 8, 662 A.2d 292, 293 (1995) (quotation omitted). We generally discern legislative intent from the plain language of the statute, see Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994), but we may “review legislative history to aid in our analysis,” K & J Assoc. v. City of Lebanon, 142 N.H. 331, 333, 703 A.2d 253, 254 (1997).

“Liability policy” is not specifically defined within RSA chapter 412, which regulates liability insurance. RSA 412:1 (1991), however, suggests the scope of the chapter to include “any policy of insurance against loss or expense by reason of claims made upon the [in]sured for damages on account of bodily injuries suffered by . . . any . . . person, or on account of damage to or the destruction of property.” Cf. Hein v. Nationwide Ins. Co., 106 N.H. 378, 381, 213 A.2d 197, 199 (1965) (concluding that uninsured motorist coverage is not liability insurance because it does not protect insureds against liability incurred to others). Foreign jurisdictions support this interpretation of the term “liability policy.” Cf. Hudson v. Farm Family Mut. Ins. Co., 142 N.H. 144, 147-48, 697 A.2d 501, 503-04 (1997) (reviewing other courts’ interpretations of the term “sudden and accidental”).

The term “liability insurance policy” is broadly defined as a policy that protects an insured against the condition of becoming liable. Vines v. United States Fidelity & Guaranty Company, 267 F. Supp. 436, 437 (E.D. Tenn. 1967); see Highlands Ins. Co. v. City of Galveston, 721 S.W.2d 469, 471 (Tex. Ct. App. 1986). “Liability insurance is a contract by which one party promises upon a [819]*819consideration to compensate or reimburse the other if he shall suffer loss from a specified cause.” Fidelity General Ins. Co. v. Nelsen Steel & Wire Co., 270 N.E.2d 616, 620 (Ill. App. Ct. 1971); see Highlands Ins. Co., 721 S.W.2d at 471. The loss insured against arises “out of legal liability, usually based upon the [insured’s] negligence.” Highlands Ins. Co., 721 S.W.2d at 471. Liability insurance policies may be distinguished from indemnity policies, such as traditional marine insurance policies, by the responsibility an insurer assumes under the terms of the policy. See Hansen v. Continental Ins. Co., 186 N.E. 420, 421 (N.Y. 1933); 1 L. RUSS & T. SEGALLA, COUCH ON INSURANCE 3D § 1:58 (West Group 1997). Unlike an indemnity policy, which requires an insurer to reimburse the insured only for payments actually made, a liability policy holds the insurer “responsible for any liability incurred by the insured while the policy was effective.” Miller v. American S.S. Owners Mut. Protection, 509 F. Supp. 1047, 1048 (S.D.N.Y. 1981). A policy is a “true liability” policy if it protects against liability, and an “indemnity” policy if it reimburses insureds only for actual losses sustained. RUSS & SEGALLA, supra § 1:34.

The legislative history of RSA 412:2, II also supports a broad interpretation of “liability policy.” In 1988 or 1989, the New Hampshire Department of Insurance began withholding approval for any policy that excludes liability coverage for intra-family claims. See SENATE COMM. ON INSURANCE, HEARING ON SB 56 (Jan. 28, 1993). In 1991, the insurance department supported a bill that would invalidate policies with intra-family claim exclusions. Id.

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711 A.2d 873, 142 N.H. 815, 1998 A.M.C. 1986, 1998 N.H. LEXIS 41, 1998 WL 330916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acadia-insurance-v-mcneil-nh-1998.