PREFERRED NATIONAL INSURANCE COMPANY v. DOCUSEARCH, INC. & a., 149 N.H. 759


Summary

The underlying claim by an administratrix alleged that the insured, a private investigation company, negligently disseminated information by providing the decedent's social security number and place of employment to another person, who allegedly used the information in connection with his murder of the decedent. The disputed insurance policy provided commercial general liability coverage but contained detective and an assault and battery endorsements, which limited bodily injury, property damage, personal, and advertising injury damages. The state supreme court held that although the trial court properly granted summary judgment because the endorsements excluded damages, as the damages arose out of the assault and battery, the trial court erred when it did not specifically address the invasion of privacy or the consumer protection claims.