ORLEANS VILLAGE v. UNION MUTUAL FIRE INSURANCE CO.

No. 81-74.

335 A.2d 315 (1975)

ORLEANS VILLAGE v. UNION MUTUAL FIRE INSURANCE COMPANY.

Supreme Court of Vermont, Orleans.

Rehearing Denied March 10, 1975.


Attorney(s) appearing for the Case

May & Davies, Barton, for plaintiff.

McKee, Clewley & FitzPatrick, Montpelier, for defendant.

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


SMITH, Justice.

An insurer who refused to defend a village sued in negligence argues here that the resolution of an issue litigated in that action won by the injured party is not binding on the insurer when the village later sues the insurer for breach of contract. That issue is whether the village had waived its sovereign immunity by purchasing liability insurance which covered the injured person's property. 29 V.S.A. § 1403.

Arthur Wells obtained a...

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