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THE SUPREME COURT OF NEW HAMPSHIRE

___________________________

Hillsborough-northern judicial district

No. 2000-367

CONTOOCOOK VALLEY SCHOOL DISTRICT & a.

v.

GRAPHIC ARTS MUTUAL INSURANCE COMPANY

December 31, 2001

Wiggin & Nourie, P.A., of Manchester (Gordon A. Rehnborg, Jr. and Doreen F. Connor on the brief, and Ms. Connor orally), for the plaintiffs.

Devine, Millimet & Branch, P.A., of Manchester (Andrew D. Dunn and James Fox on the brief, and Mr. Dunn orally), for the defendant.

Dalianis, J. The defendant, Graphic Arts Mutual Insurance Company, appeals from the Superior Court’s (Conboy, J.) denial of its motion for summary judgment upon the claim by the plaintiffs, Contoocook Valley School District and School Administrative Unit No. 1, for indemnification under their insurance policy. The trial court ruled that the indemnification claim was not barred by exclusion 2(h) of the policy. We affirm.

The relevant undisputed facts follow. In 1996, a former teacher in the Contoocook Valley Regional School District sued the plaintiffs for discrimination under the Americans with Disabilities Act, 42 U.S.C.