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Acadia Insurance Co. v. McNeil5/22/1998
g limits on allowable combinations for companies issuing assessable policies).
"A single insurance policy can provide for different types of insurance." Highlands Ins. Co., 721 S.W.2d at 471; see Northwestern Nat. Ins. Co. v. Mortensen, 284 N.W. 13, 16 (Wis. 1939) (concluding that inland marine insurance policies may be subject to the fire insurance rating act). Although marine insurance policies were traditionally indemnity policies that protected against losses resulting from the "perils of the sea," Hansen, 186 N.E. at 421; see Northwestern Nat. Ins. Co., 284 N.W. at 16; Russ & Segalla, (supra) § 1:58, the current statutory scheme, RSA 401:1, :5, permits an insurer to offer a traditional marine indemnity policy or a multiple line insurance policy that combines liability and marine insurance to insure against all hazards or liabilities, including personal injury liability. See Hansen, 186 N.E. at 421; Russ & Segalla, (supra) § 1:58. Whether a particular insurance policy, marine or otherwise, contains components of liability coverage must be determined by reviewing the policy in its entirety. See Highlands Ins. Co., 721 S.W.2d at 471.
While the court of appeals determined that the policy in this case constitutes a marine insurance policy, we must determine whether it contains liability coverage as defined under RSA 412:1, and thus is subject to RSA 412:2, II. "The interpretation of insurance policy language is ultimately an issue of law for this court to decide." Whitcomb v. Peerless Ins. Co., 141 N.H. 149, 150, 679 A.2d 575, 576 (1996). The yacht policy contains a liability section requiring the plaintiff to "pay damages for all loss of life, bodily injury and property damage." Payment is contingent upon the loss occurring during the policy period and the insured becoming legally liable to pay by reason of "ownership, operation or maintenance." We hold that this liability coverage falls within the meaning of "liability policy" under RSA 412:1, and, thus, the policy is subject to RSA 412:2, II.
We have reviewed the parties remaining arguments and find them to be without merit and warranting no further Discussion. See, e.g., Vogel v. Vogel, 137 N.H. 321, 322, 627 A.2d 595, 596 (1993).
Remanded.
All concurred.
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