IN RE APPEAL OF HARLEYSVILLE INS. CO.

No. 2007-146.

937 A.2d 913 (2007)

Appeal of HARLEYSVILLE INSURANCE COMPANY (New Hampshire Compensation Appeals Board).

Supreme Court of New Hampshire.

Opinion Issued: December 7, 2007.


Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Eric G. Falkenham and Elizabeth M. Murphy on the brief, and Mr. Falkenham orally), for Harleysville Insurance Company.

Bernard & Merrill, PLLC, of Manchester (Andrew A. Merrill on the brief and orally), for State Farm Fire & Casualty Company.

Shaheen & Gordon, P.A., of Dover (Sean T. O'Connell on the brief), for Property Casualty Association of America, as amicus curiae.

Orr & Reno, P.A., of Concord (Martha Van Oot on the brief), for New Hampshire Association of Domestic Insurance Companies, as amicus curiae.

Orr & Reno, P.A., of Concord (Martha Van Oot on the brief), for American Insurance Association, as amicus curiae.

Coughlin, Rainboth, Murphy & Lown, of Portsmouth, for Harry Durgin, filed no brief.


GALWAY, J.

The petitioner, Harleysville Insurance Company (Harleysville), appeals a decision of the New Hampshire Compensation Appeals Board (CAB) finding its insured, Jane Kelly, liable for workers' compensation payments to a roofer injured at her home. We affirm in part and reverse in part.

The following facts appear in the record. In April 2004, Kelly purchased a home in Epping, which she intended to renovate and use as her primary residence. She moved...

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