INDUS. INSUL. CORP. v. NEW HAMPSHIRE INS. CO.

No. 82-130.

457 A.2d 287 (1983)

INDUSTRIAL INSULATION CORPORATION v. NEW HAMPSHIRE INSURANCE COMPANY.

Supreme Court of Vermont.

February 7, 1983.


Attorney(s) appearing for the Case

Matthew I. Katz of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for plaintiff-appellant.

Richard A. Pearson of Dick, Hackel & Hull, Rutland, for defendant-appellee.

Before BILLINGS, HILL, UNDERWOOD and PECK, JJ., and DALEY, J. (Ret.), Specially Assigned.


HILL, Justice.

Plaintiff, a Vermont corporation and a subcontractor of a mechanical contractor, brought suit against defendant, New Hampshire Insurance Company, on a subcontractor payment bond. The trial court granted summary judgment to defendant, V.R.C.P. 56, and plaintiff filed a timely notice of appeal. We reverse.

The facts, as agreed to by the parties, are as follows. Plaintiff, an insulation subcontractor in the business of providing labor and materials...

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