Petition for declaratory judgment brought by plaintiff Allstate Insurance Company against various parties seeking determination of insurance coverage issues. The parties submitted to the trial court an agreed statement of facts and also agreed on the questions to be determined. The case came before a Master (Leonard C. Hardwick, Esq.), who recommended that the questions presented be transferred without ruling to this court. The master’s report was approved and a decree issued accordingly by Mullavey, J. The case was then reserved and transferred by Perkins, J.
*68 This case arises out of a collision between two automobiles on August 1, 1974, in Durham. The driver of one car, Robert J. Whitney, was killеd as a result of injuries sustained in the collision. The other driver, Albion Hodgdon, suffered severe permanent injuries. Albion Hodgdon, by his guardian, Audrey Hodgdon, brought suit for personal injuries against the estate of Robert J. Whitney, reprеsented by defendant Daniel O’Shaughnessy as guardian ad litem. At the time of the collision, Robert Whitney was operating a 1965 Chevrolet Corvair automobile. Two days prior to the collision, on July 30, 1974, Robert Whitney had registerеd this car in his name at Berwick, Maine. Prior to July 30, 1974, the 1965 Corvair had been registered at Buxton, Maine to Irene Whitney, Robert Whitney’s mother.
Irene Whitney died on May 19, 1974. At that time, and for several months prior to her death, she had been living in the same household as her son Robert in Center Strafford, New Hampshire. The death certificate for Irene Whitney listed her residence as the town of Strafford. In accordance with an affidavit datеd November 29, 1974, filed in and approved by the Strafford County Probate Court on December 6, 1974, voluntary administration of the estate of Irene Whitney was taken out by another son, Peter Low. During the time she was residing in Center Strafford, Irene Whitney had also maintained her Maine mailing address.
Allstate Insurance Company had issued to Irene Whitney, in the state of Maine, an automobile liability policy with effective dates October 1, 1973, to October 1, 1974, covering the 1965 Corvair involved in the collision. Defendant Concord Group Insurance Companies (hereinafter “Concord General”) had issued to Robert Whitney, in the state of Maine, a family combinаtion automobile policy with effective dates February 26, 1974, to August 26, 1974, covering a 1966 Chevrolet Corvair automobile. This automobile was not involved in the collision of August 1, 1974. On July 30, 1974, when Robert Whitney registered in his name the 1965 Corvair involved, he reported the 1966 Corvair as “junked” on the registration form filed with the Maine secretary of state. Concord General had also issued to Albion Hodgdon a family combination automobile policy сontaining an uninsured motorist provision in the amount of $20,000. •
The following three questions are presented:
1. Is the Allstate Insurance Company required to defend the action against the Estate of Robert Whitney and *69 pay any judgment, up to the limits of its policy . . . issued to Irene Whitney ?
2. Is the Concord General Insurance Company required to defend the action against the Estate of Robert Whitney and pay any judgment up to the limits of its policy ... issued to Robert Whitney ?
3. Is the Concord Generаl Insurance Company required to pay the sum of $20,000.00 under its uninsured motorist coverage contained in its policy . . . issued to Albion Hodgdon?
For the reasons which follow we answer the first and second questions “Yes” and the third quеstion “No.”
1. Allstate Insurance Company’s Policy Issued to Irene Whitney.
The automobile liability policy issued by Allstate to Irene Whitney was issued in the state of Maine, covering an automobile registered in Maine. The рolicy must therefore be interpreted under applicable Maine law.
Allstate Ins. Co. v. Roberts,
Although an insurance contract is personal in nature and generally terminates upon the death of the named insured, coverage may be continued by statute or by provisions contained in the policy. 9 G. Couch, Cyclopedia of Insurance Law §§ 39:243, :244 (2d ed. 1962); 12 G. Couch supra § 45:362 (2d ed. 1962). Paragraph 7 of the “General Conditions” contained in Allstate’s policy provides for continued coverage to certain individuals after the death of the named insured. Section (b) provides coverage to the named insured’s “legal representative as named insurеd, but only while acting within the scope of his duties as such.” Section (c) provides coverage “[w]ith respect to an owned automobile, [to] any person having proper temporary custody as insured, until the appointment and qualification of such legal representative.”
Allstate argues that because (1) Robert Whitney had registered the 1965 Corvair in his own name two days prior to the collision; (2) it was not listed in November of 1974 as an asset of Irene Whitney’s estate; and (3) there is no evidence that this automobile was still owned by the estate of Irene Whitney on August 1, 1974, the date of the accident; it cannot be considered аn “owned vehicle” of which Robert Whitney had temporary custody at the time of the *70 collision so as to require coverage in accordance with paragraph 7(c).
Under Maine law, for purpоses of automobile registration an owner is defined as a person who either has title to the automobile or has exclusive use thereof for a period longer than thirty days. Me. Rev. Stat. tit. 29, § 1(9) (Supp. 1976). Robert Whitnеy’s registration of the 1965 Corvair in his name is therefore not conclusive as to his holding title to the automobile.
See Spindle v. Reid,
The purpose of the provision in the policy extending coverage to persons having proper temporary custody of the аutomobile is to give coverage to relatives and any other persons whose custody and use of the automobile is legitimate, pending appointment and qualification of a legal representative.
Atlantic Ins. Co. v. Fulfs,
2. Concord General’s Policy Issued To Robert Whitney.
At the time of the collision, Robert Whitney had an automobile liability policy issued to him by Concord General on a 1966 Corvаir. However, two days prior to the collision Robert Whitney had junked the 1966 Corvair and had registered the 1965 Corvair in question under his name. Under the terms of his policy, coverage was not limited to the 1966 Corvair described thеrein, but also extended to certain other automobiles. The policy covered any other automobiles, the “ownership of which is acquired by the named insured during the policy period, provided, 1. It replaced an owned automobile . . . .” As already discussed above, Robert Whitney could not have title to the 1965 Corvair at the time of the accident and, therefore, it could not be an automobile “ownеrship of which” was acquired by him to replace his “owned” automobile.
The defendant Hodgdon, however, claims that Concord General is required to defend under a provision of the policy requiring covеrage “with respect to a non-owned automobile . . . provided his actual operation ... is with the permission, or reasonably believed to be with permission, of the owner . .. .” In
American Motorists Insurance Co. v. La Course,
3. Concord General’s Policy Issued to Albion Hodgdon.
The parties agree that Albion Hodgdon’s damages exceed the total of the limits of coverage availаble under Allstate’s policy issued to Irene Whitney and under Concord General’s policy issued to Robert Whitney. Concord General’s policy issued to Albion Hodgdon contains a provision for uninsured motorist covеrage in the amount of $20,000 as required by New Hampshire statutes. RSA 268:15-a (Supp. 1975); RSA 268:1 VII (Supp. 1975). An uninsured automobile is defined in the policy as an automobile with respect to which there is no bodily injury liability bond or insurance poliсy in at least the amount specified by the financial responsibility law of the State in which the insured’s automobile is principally garaged. The amounts of liability coverage required *72 by Maine’s financial responsibility law are the same as those required in New Hampshire, Me. Rev. Stat. tit. 29, § 787(1) (Supp. 1976); RSA 268:1 VII (Supp. 1975): $20,000 for injury to an individual and $40,000 for an accident resulting in injuries to more than one person. Concord General’s policy issued to Rоbert Whitney met those requirements, and it is our understanding from the facts presented that Allstate’s policy issued to Irene Whitney also met those requirements.
Defendant Hodgdon’s argument that because his damages exceed coverage by both those policies he should also obtain coverage under the uninsured motorist provision of his own policy is foreclosed by our decisions in
Brack v. Middlesex Mutual Insurance Co.,
Our answer to the third transferred questiоn is therefore “No.” Concord General is not required to pay the sum of $20,000 under the uninsured motorist coverage provision contained in its policy issued to Albion Hodgdon.
Remanded.