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AMERICAN LEGION POST #49 v. JEFFERSON INS. CO.

No. 84-066.

125 N.H. 758 (1984)

AMERICAN LEGION POST #49 v. JEFFERSON INSURANCE COMPANY OF NEW YORK & a.

Supreme Court of New Hampshire.

November 30, 1984.

Attorney(s) appearing for the Case

Snierson, McKean & Mattson P.A., of Laconia (Edgar D. McKean, III, &a. on the brief, and Edward B. Mulligan, IV, orally), for the plaintiff.

Sulloway, Hollis & Soden, of Concord (James O. Barney on the brief and orally), for the defendant Jefferson Insurance Company.

DOUGLAS, J.

In this declaratory judgment action, we must decide whether a clause in an insurance contract, which excludes from coverage injury resulting from the sale of alcoholic beverages by an organization engaged in the business of selling alcoholic beverages, applies to a non-profit organization which derives substantial revenue from the regular sale of alcohol.

The facts in this case are not in dispute. The...

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