Mon, 02/25/2008 - 18:29 — DLG
Robert and Cynthia Engelhardt ("the petitioners") bring the instant petition for declaratory judgment against Concord Group Insurance Companies ("the respondent"). The petitioners seek a determination as to whether the respondent must provide underinsured motorist coverage under a business auto policy for injuries sustained by petitioner Robert Engelhardt in an automobile accident caused by a third party. In its order of July 27, 2001, the Court granted summary judgment in favor of the respondent on most issues. The Court reserved for trial, however, the issue of whether representations made by the respondent and its agent resulted in the petitioners' having "reasonable expectations" of coverage under the commercial policy when using the family car for business purposes. See Trefethen v. N.H. Ins. Group, 138 N.H. 710, 714 (1994) (annunciating "reasonable expectations" doctrine). At the hearing held 2/28/02, the petitioner raised an additional argument regarding policy interpretation.