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Amica Mutual Ins. Co. v. Mutrie

Supreme Court of New Hampshire

November 13, 2014

Amica Mutual Insurance Company
v.
Beverly P. Mutrie

Argued March 5, 2014.

Editorial Note:

Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire Reports.

Rockingham.

Sulloway & Hollis, P.L.L.C., of Concord ( Sarah S. Murdough on the brief and orally), for the petitioner.

Coughlin, Rainboth, Murphy & Lown, P.A., of Portsmouth, for the respondent, filed no brief.

Boynton, Waldron, Doleac, Woodman & Scott, P.A., of Portsmouth ( Christopher E. Grant on the brief and orally), for the intervenors.

BASSETT, J. DALIANIS, C.J., and HICKS, CONBOY, and LYNN, JJ., concurred.

OPINION

Page 596

Bassett, J.

The intervenors, Scott Kukesh, Eric Kulberg, Jeremiah Murphy, and Gregory Turner, appeal an order of the Superior Court ( McHugh, J.) granting summary judgment in favor of the petitioner, Amica Mutual Insurance Company (Amica), in the declaratory judgment action that Amica filed against the respondent, Beverly P.

Page 597

Mutrie. In its order, the trial court concluded that the reckless and wanton conduct in which Mutrie was alleged to have engaged -- knowingly permitting her son to engage in criminal activity on her property -- did not constitute an " occurrence" as required for coverage under the homeowner's and umbrella insurance policies issued to Mutrie by Amica (the Policies). We affirm.

The following facts are drawn from the trial court's order and the record, or are otherwise undisputed. The intervenors are four police officers who served on a drug task force. On April 12, 2012, the intervenors executed a search warrant at a property in Greenland where Mutrie's son lived. The property is owned by a trust, of which Mutrie is the trustee. The warrant was issued because there was probable cause that Mutrie's son was engaged in criminal activity. During the ...


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