U.S. v. COMMERCIAL UNION INS. COMPANIES

No. 909, Docket 86-6241.

821 F.2d 164 (1987)

UNITED STATES of America (Small Business Administration), the Vermont National Bank, Plaintiffs, United States of America (Small Business Administration), Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANIES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1987.


Attorney(s) appearing for the Case

Robert F. O'Neill, Asst. U.S. Atty., D. Vt., Burlington, Vt. (George J. Terwilliger, III, U.S. Atty., Patti R. Page, Asst. U.S. Atty., D. Vt., Burlington, Vt., of counsel), for plaintiff-appellant.

Douglas Richards, Springfield, Vt. (Michael F. Hanley, Plante, Richards, Hanley & Gerety, Springfield, Vt., of counsel), for defendant-appellee.

Before MESKILL and NEWMAN, Circuit Judges, and METZNER, District Judge.


MESKILL, Circuit Judge:

The Small Business Administration (SBA) appeals from the judgment entered after a bench trial before the United States District Court for the District of Vermont, Coffrin, C.J., holding that its insurance claim was time barred by the one year contractual limitation contained in a personal property insurance policy issued by Commercial Union Insurance Companies. We reverse and remand.

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