COMMERCIAL INSURANCE CO. OF N. J. v. PAPANDREA

No. 1873.

159 A.2d 333 (1960)

COMMERCIAL INSURANCE COMPANY OF NEW JERSEY v. Vincenzo PAPANDREA and Paoli Sormani, Administratrix of the Estate of Pietro Sormani.

Supreme Court of Vermont. Washington.

March 2, 1960.


Attorney(s) appearing for the Case

Edmunds, Austin & Wick, Burlington, for plaintiff.

Finn & Davis, Barre, for Papandrea.

Monti & Calhoun, Barre, for Sormani.

Before HULBURD, C. J., HOLDEN, SHANGRAW and SMITH, JJ., and DALEY, Superior Judge.


HOLDEN, Justice.

The question presented is whether declaratory relief in equity is available to determine an automobile liability insurer's duty to defend two conflicting actions at law. The problem centers on the identity of the operator of the insured vehicle.

It appears from the complaint that the plaintiff issued its policy to Vincenzo Papandrea to cover his 1950 Chevrolet automobile. During the term of the contract, September 5, 1956, Papandrea and Pietro...

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