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GAY BROTHERS FUEL SERVICE v. TRAVELERS INDEM. CO.

No. 153-74.

332 A.2d 806 (1975)

GAY BROTHERS FUEL SERVICE v. The TRAVELERS INDEMNITY COMPANY v. FITTS AND OLSON.

Supreme Court of Vermont.

February 4, 1975.

Attorney(s) appearing for the Case

George W. Nostrand, Bellows Falls, for Gay Brothers Fuel Service.

Miller & Hill, Rutland, for The Travelers Indemnity Co.

Robinson E. Keyes, Ryan, Smith & Carbine, Rutland, for Fitts and Olson.

Before BARNEY, C. J., SMITH, KEYSER, DALEY, JJ., and SHANGRAW, C. J. (Ret.), Assigned.

KEYSER, Justice.

Leonard F. Bingham brought suit against Gay Brothers Fuel Service for injuries sustained in an automobile accident involving a Gay Brothers' employee acting within the scope of his employment. Gay Brothers was provided with defense counsel by its insurer, the Travelers Indemnity Company, and the case proceeded to trial. Judgment was subsequently entered for Bingham for $82,016.00, an amount which exceeds Gay Brothers' insurance coverage by $32,016...

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