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TOWN OF SOUTH BURLINGTON v. AMERICAN FIDELITY CO.

No. 340.

215 A.2d 508 (1965)

TOWN OF SOUTH BURLINGTON v. AMERICAN FIDELITY COMPANY, Ward Brace and Joan Brace.

Supreme Court of Vermont. Chittenden.

December 7, 1965.

Attorney(s) appearing for the Case

William E. Mikell, Burlington, for plaintiff.

A. Pearley Feen, Paul D. Sheehey, Burlington, for insurer.

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

BARNEY, Justice.

A claim of personal injury, asserted to arise out of an accident caused by a defective culvert, was presented against the plaintiff by the defendant Braces. The plaintiff turned to its insurer, the defendant American Fidelity Company, for protection and defense against the liability charged. The insurer declined to defend, basing its refusal on certain exclusionary provisions in its policy. The plaintiff brought this declaratory judgment action to...

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