Pawtucket Mutual Insurance v. Hartford Insurance

Summary

The New Hampshire Supreme Court held that NENSCO hired the rental vehicle through its employee, making the employee an insured under NENSCO’s Hartford commercial auto policy. The court further held that Hartford’s coverage was primary because the vehicle was rented as part of NENSCO’s business and pursuant to an insured contract.

Holdings

1. NENSCO hired the rental vehicle through Buckman because it authorized him to use its company credit card to contract and pay for the vehicle's temporary use. Buckman was therefore an insured under Hartford's policy, and Hartford's policy provided coverage for the accident.
2. Hartford's coverage was primary because NENSCO hired the vehicle as part of its business and the rental therefore fell within the policy's insured-contract exception to the excess-insurance provision.

Questions Presented

1. Whether NENSCO hired the rental vehicle within the meaning of Hartford's commercial auto policy, making Buckman an insured and bringing the accident within the policy's coverage.
2. Whether the rental vehicle was obtained as part of NENSCO's business and pursuant to an insured contract, making Hartford's coverage primary rather than excess.

Disposition

affirmed