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COMMERCIAL U. INS. COMPANY v. CITY OF MONTPELIER

No. 162-75.

353 A.2d 344 (1976)

COMMERCIAL UNION INSURANCE COMPANY v. CITY OF MONTPELIER and Bruce Hallock.

Supreme Court of Vermont.

February 4, 1976.

Attorney(s) appearing for the Case

Peter B. Joslin, Theriault & Joslin, Montpelier, for plaintiff.

McKee, Clewley & FitzPatrick, Montpelier, for City of Montpelier.

Natt L. Divoll, Jr., Bellows Falls, for Bruce Hallock.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.

SMITH, Justice.

This is an appeal from a declaratory judgment action brought by plaintiff, Commercial Union Insurance Company (hereinafter Commercial Union) against the insured, the City of Montpelier, and Bruce Hallock, defendants to determine whether it was obligated to defend Montpelier in an action for assault brought by Mr. Hallock. In May, 1975, the court below ruled that Commercial Union had the duty to defend Montpelier, and Commercial Union appealed to this...

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