Insurance coverage at issue in wrongful death suit brought by mother of Tilton man who was electrocuted

LACONIA — The insurance company that could be liable for a payout in connection with a Meredith man's death is asking a judge to determine the rights and obligations of the parties with respect to various policies that were issued.

Ronald E. Shaw Jr., 29, was electrocuted as he was putting air in a tire on his skidder when the boom portion of a grapple being used to load piled logs onto a truck came into contract with overhead power lines, according to a wrongful death suit filed by his mother, Jane Armstrong of Tilton.

David Thompson of Wentworth, who was loading logs when the fatal accident occurred in Benton on Aug. 10, 2015, has denied that his truck either hit the electrical line, or came in close proximity to it.

In August, the suit was amended to add Christopher Savage of Moultonborough as a defendant, claiming as general contractor he was negligent in hiring, training and supervising his workers. Shaw and Kevin Bliss, both of Meredith, were hired as skidders. The men were not co-employees, but separate individual logging contractors.

In arguing for dismissal of the suit, Attorney Frank Spinella of Manchester, said no facts are alleged to support any breach of duty, that Savage knew or should have known that Thompson presented any risk.

"The allegations are merely conclusory, no facts are plead suggesting that David Thompson lacked any competence, must less that Christopher Savage knew this," Attorney Spinella, wrote. Savage was not at the work site when the accident occurred.

On Nov. 28, Judge James O'Neill granted the parties request for additional time to respond to Savage's motion to dismiss. Attorney Hutchins told the court additional time was needed as Savage was scheduled to be questioned under oath on Dec. 5.

Information obtained during the deposition, Hutchins said, would allow him to evaluate the insurance coverage defenses and any potential settlement offer. According to Hutchins' court filings, he and the insurers for Savage are discussing potential settlement scenarios.

On Oct. 20, Merchants Mutual Insurance Company filed for declaratory judgment asking the court to decide whether they are obligated to defend Savage or pay a claim.

The company asserts that it has no obligation to the newest defendant as it issued a commercial general liability policy to "Savage Communications LLC," based on an application for insurance that described the business as performing "underground cable construction for cable company lines."

While Merchants also issued a commercial auto coverage policy to Savage Communications, they argue it contains an exclusion for injuries occurring during "loading" or unloading" activities.

In a Nov. 21 filing, attorney Armstrong argues that coverage should be afforded Savage under one of both of the Merchants' policies, as certain policy language and terms upon which the petitioner relies is ambiguous.

He asserts that public policy favors the extension of coverage, and that the reasonable expectations of Savage included coverage for the underlying claims, under one of both of the Merchants' policies.