UNITED STATES FIDELITY AND GUARANTY CO. v. GIROUX

No. 91-70.

274 A.2d 487 (1971)

UNITED STATES FIDELITY AND GUARANTY COMPANY v. Maurice GIROUX, Individually, and Maurice Giroux, d/b/a Giroux Septic Tank Service, Albert C. Francis, Roland J. Deslaurier, Individually, and Roland J. Deslaurier, d/b/a Cuploa Texaco Station.

Supreme Court of Vermont, Chittenden.

February 2, 1971.


Attorney(s) appearing for the Case

Ryan, Smith & Carbine, Rutland, for plaintiff.

Samuelson, Bloomberg & Portnow, Burlington, for Maurice Giroux.

Langrock & Sperry, Middlebury, for Albert C. Francis.

Before HOLDEN, C. J., BARNEY, SMITH and KEYSER, JJ., and HILL, Superior Judge.


KEYSER, Justice.

This is a petition for a declaratory judgment brought in equity by the plaintiff to determine whether it was relieved from any obligation under its comprehensive general liability insurance contract with its insured, defendant Giroux. The sole point of contention centers on the lack of notice to the plaintiff by defendant Giroux of an occurrence, or accident, as provided by the terms of the contract.

The chancellor, after hearing, made findings...

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