AMERICAN FIDELITY CO. v. KERR

No. 206-78.

416 A.2d 163 (1980)

AMERICAN FIDELITY COMPANY v. Edward H. KERR, Jr. and Alice V. Atwood, Executrix of the Estate of Robert W. Atwood, and Lumbermen's Mutual Casualty Company.

Supreme Court of Vermont.

June 3, 1980.


Attorney(s) appearing for the Case

Anthony B. Lamb and Robert G. Cain of Paul, Frank & Collins, Inc., Burlington, for plaintiff.

Weber, Perra & Gibson, Brattleboro, for Atwood.

Allan R. Keyes of Ryan, Smith & Carbine, Ltd., Rutland, for Lumbermen's Mut. Cas. Co.

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


BILLINGS, Justice.

This case arises out of a declaratory judgment action brought by the plaintiff-appellee, American Fidelity Company (American), the insurer of the defendant Kerr, in order to determine its obligations under an automobile liability insurance policy with respect to a wrongful death action brought by the defendant-appellant, Atwood, against Kerr. In that action the defendant Atwood obtained a verdict and judgment...

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