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HARTE v. PEERLESS INSURANCE COMPANY

No. 1023.

183 A.2d 223 (1962)

Michael HARTE v. PEERLESS INSURANCE COMPANY, The Delaware and Hudson Railroad Company.

Supreme Court of Vermont. Rutland.

July 16, 1962.

Attorney(s) appearing for the Case

O'Neill, Delany & Valente, Rutland, for plaintiff.

Webber, Costello & French, Rutland, for Peerless Ins. Co.

Richard F. Sullivan, Rutland, for Del. & Hudson RR Co.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

HOLDEN, Justice.

This action in equity was instituted to obtain declaratory relief concerning the coverage of an automobile liability policy issued by the defendant Peerless Insurance Company. The principal contention concerns the application of the "substitute vehicle" provision in the insurance agreement. The chancellor decreed there was no coverage under the policy. The defendant Delaware & Hudson Railroad Corporation suffered property damage from the operation...

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