AMERICAN PROTECTION INS. CO. v. McMAHAN

No. 87-579.

562 A.2d 462 (1989)

AMERICAN PROTECTION INSURANCE CO. v. Kenneth McMAHAN, et al.

Supreme Court of Vermont.

May 5, 1989.


Attorney(s) appearing for the Case

Richard H. Wadhams and Michael J. Gannon of Pierson, Affolter & Wadhams, Burlington, for plaintiff-appellee.

Robert A. Mello, South Burlington, for defendants-appellants.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


MORSE, Justice.

The issue on appeal involves the coverage provided by a homeowner's policy for risks attendant formaldehyde insulation in a home. The trial court declared that the insurance policy did not provide coverage. We reverse.

I.

Background

In 1984, defendants McMahan sold to defendants Livak a residential dwelling in Huntington Center, Vermont, which had previously been insulated with urea formaldehyde foam insulation.

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