ambiguous clause in New Hampshire

2019Administrative gloss is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.” Petition of Kalar, 162 N.H. 314, 321 (2011) (citation and quotation omitted).

2014“Administrative gloss is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.” Id. at 321 (quotation omitted).

2012As a rule of statutory construction, “[a]n ‘administrative gloss’ is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.” DHB, Inc. v. Town of Pembroke, 152 N.H. 314, 321 (2005).

2011See DHB v. Town of Pembroke, 152 N.H. 314, 321 (2005) (“ ‘[Ajdministrative gloss’ is placed upon an ambiguous clause when those responsible for its implementation interpret the clause in a consistent manner and apply it to similarly situated applicants over a period of years without legislative interference.

2018However, "a lack of ambiguity in a statute or ordinance precludes application of the administrative gloss doctrine." Anderson v. Motorsports Holdings , 155 N.H. 491 , 502, 926 A.2d 261 (2007).

2018However, "a lack of ambiguity in a statute or ordinance precludes application of the administrative gloss doctrine." Anderson v. Motorsports Holdings , 155 N.H. 491 , 502, 926 A.2d 261 (2007).

2017Co., 132 N.H. 337, 342 (1989) (declining to interpret insurance policy language to reach an illogical result); Thiem v. Thomas, 119 N.H. 598, 602-03 (1979) (“This court must, wherever possible, adopt the inter- pretation of an ambiguous clause that will be in harmony with the remainder of the document, so that all provisions will have meaning and effect.”).1 As ex- plained below, the majority’s construction of the term “measurement” causes the IPL to operate in an illogical and nonsensical manner.

2017Co., 132 N.H. 337, 342 (1989) (declining to interpret insurance policy language to reach an illogical result); Thiem v. Thomas, 119 N.H. 598, 602-03 (1979) (“This court must, wherever possible, adopt the inter- pretation of an ambiguous clause that will be in harmony with the remainder of the document, so that all provisions will have meaning and effect.”).1 As ex- plained below, the majority’s construction of the term “measurement” causes the IPL to operate in an illogical and nonsensical manner.

2011If an ‘administrative gloss’ is found to have been placed upon a clause, the agency may not change its de facto policy, in the absence of legislative action, because to do so would, presumably, violate legislative intent.” Petition of *322 State Employees’ Assoc. of N.H., 161 N.H. 476, 482 (2011) (brackets and quotation omitted).

1993See Win-Tasch Corp. v. Town of Merrimack, 120 N.H. 6, 9-10 , 411 A.2d 144, 146-47 (1980); see also Tessier, Ex’r v. Town of Hudson, 135 N.H 168, 170-71, 599 A.2d 1244, 1246 (1991); P. Loughlin, 15 New Hampshire Practice, Land Use Planning and Zoning § 6.02, at 84-85 (2d ed. 1993).

1993See Win-Tasch Corp. v. Town of Merrimack, 120 N.H. 6, 9-10 , 411 A.2d 144, 146-47 (1980); see also Tessier, Ex’r v. Town of Hudson, 135 N.H 168, 170-71, 599 A.2d 1244, 1246 (1991); P. Loughlin, 15 New Hampshire Practice, Land Use Planning and Zoning § 6.02, at 84-85 (2d ed. 1993).

1993See Win-Tasch Corp. v. Town of Merrimack, 120 N.H. 6, 9-10 , 411 A.2d 144, 146-47 (1980); see also Tessier, Ex’r v. Town of Hudson, 135 N.H 168, 170-71, 599 A.2d 1244, 1246 (1991); P. Loughlin, 15 New Hampshire Practice, Land Use Planning and Zoning § 6.02, at 84-85 (2d ed. 1993).

1993See Win-Tasch Corp. v. Town of Merrimack, 120 N.H. 6, 9-10 , 411 A.2d 144, 146-47 (1980); see also Tessier, Ex’r v. Town of Hudson, 135 N.H 168, 170-71, 599 A.2d 1244, 1246 (1991); P. Loughlin, 15 New Hampshire Practice, Land Use Planning and Zoning § 6.02, at 84-85 (2d ed. 1993).

1985A clause in an insurance policy is ambiguous when the contracting parties reasonably differ regarding its meaning, Commerical Union Assurance Cos. v. Town of Derry, 118 N.H. 469, 471 , 387 A.2d 1171, 1172 (1978), in which case this court will construe the ambiguous clause in favor of the insured and against the insurer and will honor the reasonable expectations of the policyholder.

1985A clause in an insurance policy is ambiguous when the contracting parties reasonably differ regarding its meaning, Commerical Union Assurance Cos. v. Town of Derry, 118 N.H. 469, 471 , 387 A.2d 1171, 1172 (1978), in which case this court will construe the ambiguous clause in favor of the insured and against the insurer and will honor the reasonable expectations of the policyholder.