LOPEZ v. CONCORD GENERAL MUT. INS. GROUP

No. 88-609.

583 A.2d 602 (1990)

Armando LOPEZ v. CONCORD GENERAL MUTUAL INSURANCE GROUP.

Supreme Court of Vermont.

October 19, 1990.


Attorney(s) appearing for the Case

John L. Kellner of Langrock Sperry Parker & Wool, Middlebury, for plaintiff-appellee.

John H. Tarlow and Christopher Roy, Law Clerk (on the brief), of Downs Rachlin & Martin, Burlington, for defendant-appellant.

Before PECK, DOOLEY and MORSE, JJ.


DOOLEY, Justice.

Defendant, Concord General Mutual Insurance Group, appeals from an order in a declaratory judgment action granting a motion for summary judgment filed by plaintiff, Armando Lopez, and denying defendant's motion. Defendant raises two issues: (1) that the trial court erred in holding that Concord had waived its right to collect its subrogated interest from a settlement fund, and (2) that if there was no waiver, then it should not be obligated to pay...

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