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GREGOIRE v. INSURANCE COMPANY OF NORTH AMERICA

No. 74-68.

261 A.2d 25 (1969)

Louis Y. GREGOIRE v. INSURANCE COMPANY OF NORTH AMERICA and National Surety Company.

Supreme Court of Vermont. Chittenden.

Reargument Denied December 18, 1969.

Attorney(s) appearing for the Case

Eric A. Schuppin, Essex Junction, for plaintiff.

McNamara, Fitzpatrick & Sylvester, Burlington, for Insurance Co. of North America.

Ryan, Smith & Carbine, Rutland, for National Surety Corp.

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

KEYSER, Justice.

The plaintiff brought suit against the defendant to recover the cost of certain repairs to his 1961 International ten-wheel dump truck. The truck was damaged by upset while dumping its load. Defendant Insurance Company of North America (INA) was plaintiff's insurer and at its option under its policy took over and assumed the sole responsibility of having the truck repaired rather than paying the plaintiff for his damage. The plaintiff claims the defendant...

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