[Download] "Firemans Fund Insurance Co. v. Cna Insurance Co." by 2004 the Supreme Court of the State of Vermont March Term ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Firemans Fund Insurance Co. v. Cna Insurance Co.
• Author : 2004 the Supreme Court of the State of Vermont March Term
• Release Date : January 17, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

1. Plaintiff Firemans Fund Insurance (Firemans) appeals, and defendant CNA Insurance Company (CNA) cross-appeals, from a Rutland Superior Court order denying in part and granting in part the parties motions for summary judgment. In the superior court, Firemans brought a declaratory judgment action to determine the priority of coverage for three insurance policies, issued respectively by Firemans, CNA, and Sumitomo Marine Management (USA), Inc. (Sumitomo). Each of the policies provides some degree of coverage for injuries resulting from the automobile accident that is the subject of several underlying lawsuits. The accident involved two passenger vehicles and a tank tractor truck owned by Pouliot and Corriveau, Inc. (P&C) that was pulling a milk tank "pup" trailer leased from Agri-Mark, Inc. (AMI). CNA was the primary insurer for both P&C and its driver, Burton Heath, with Sumitomo providing a commercial excess umbrella policy for these insureds. Firemans was AMIs primary carrier. Pursuant to the declaratory judgment action, the trial court found that Firemans and CNA shared primary coverage responsibility for any claims against P&C, Heath, and AMI and that in the event that these two policies were exhausted, Sumitomo had coverage responsibility for any excess liability against the three parties. We affirm in part, and reverse and remand in part.

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