Summary
The Supreme Court of New Hampshire affirmed dismissal of Farm Family Casualty Insurance Company's subrogation negligence action against the Town of Rollinsford. The court held that RSA 507-B:2 did not waive municipal immunity because the town's fire department neither owned, occupied, maintained, nor operated the insured property within the meaning of the statute.
Court
Supreme Court of New Hampshire
Jurisdiction
New Hampshire
Decision date
July 17, 2007
Docket number
No. 2006-791
Disposition
affirmed
Questions Presented
- Whether the alleged negligent firefighting and restoration of electrical service constituted municipal ownership, occupation, maintenance, or operation of the insureds' property under RSA 507-B:2.
- Whether the complaint stated a claim for municipal liability under RSA chapter 507-B.
Holdings
- The phrase 'all premises' in RSA 507-B:2 is limited to premises owned, occupied, maintained, or operated by the governmental unit.
- A municipality's temporary seizure or control of private property while fighting a fire does not constitute 'occupation' under RSA 507-B:2; occupation denotes an ownership-like situation such as a lease or rental, not a brief, transitory presence.
- Firefighting at private property, operating firefighting equipment there, and cutting off or restoring electrical power do not constitute 'operation' of the property under RSA 507-B:2.
Court Document
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