NORFOLK & DEDHAM FIRE INS. CO. v. AETNA CAS. & SUR. CO.

No. 193-73.

318 A.2d 659 (1974)

NORFOLK & DEDHAM FIRE INSURANCE COMPANY v. AETNA CASUALTY & SURETY CO.

Supreme Court of Vermont, Chittenden.

April 2, 1974.


Attorney(s) appearing for the Case

Wilson, Curtis, Bryan, Quinn & Jenkins, Burlington, for plaintiff.

Pierson, Affolter & Amidon, Burlington, for defendant.

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


KEYSER, Justice.

The plaintiff seeks reimbursement from the defendant of amounts which it erroneously paid in making settlement of a dog bite claim arising on May 24, 1964. Both parties had issued policies of insurance to the same insured; the one by plaintiff being a homeowner's policy and the one by defendant being an automobile liability policy. The court heard the case on stipulated facts. It found that the plaintiff was a volunteer and guilty of laches and entered...

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