Supreme Court of New Hampshire

CC 145 Main, LLC v. Union Mutual Fire Insurance Company

July 20, 2023

Summary

The Supreme Court affirmed the Superior Court’s grant of summary judgment to CC 145 Main, holding that the water‑damage exclusion in the insurance policy is ambiguous and must be construed against the insurer, so coverage is not excluded. The Court reasoned that the term “drain” can reasonably be read to refer only to external sources, and that ambiguity requires a construction in favor of the insured.