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WILDER v. AETNA LIFE & CAS. INS. CO.

No. 274-80.

433 A.2d 309 (1981)

Brett WILDER, Brian Wilder and Jason Wilder, minors, by Emma Wilder, duly appointed Guardian v. AETNA LIFE & CASUALTY INSURANCE COMPANY; Nationwide Insurance Company.

Supreme Court of Vermont.

June 12, 1981.

Attorney(s) appearing for the Case

Dworkin & Jerome, South Londonderry, and Davis, Rounds & Mayhew, P. C., Windsor, for plaintiffs.

Robinson E. Keyes of Ryan Smith & Carbine, Ltd., Rutland, for defendant.

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

HILL, Justice.

This is an interlocutory appeal from the granting of defendant Aetna's motion to strike from plaintiffs' complaint allegations regarding the Vermont Consumer Fraud Act, 9 V.S.A. Chapter 63 and the Insurance Trade Practices Act, 8 V.S.A. Chapter 129. The trial court granted the motion on the ground that those allegations did not state a claim upon which relief could be granted; it struck the allegations.

The dispute arises from a settlement agreement...

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