ST. PAUL FIRE AND MARINE INS. v. SURDAM

No. 89-554.

595 A.2d 264 (1991)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. Marie SURDAM.

Supreme Court of Vermont.

May 31, 1991.


Attorney(s) appearing for the Case

John P. Riley of McKee, Giuliani & Cleveland, Montpelier, for plaintiff-appellee.

Thomas Dailey, Bennington, and Jill Nagy of Lee & LeForestier, P.C., Troy, N.Y., for defendant-appellant.

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


MORSE, Justice.

Defendant, a Vermont resident, was injured in a work-related automobile accident in New York state. St. Paul, a workers' compensation insurance carrier for defendant's employer, paid defendant $40,000 in benefits. It now seeks to recover that amount from an $85,000 settlement reached in a lawsuit brought by defendant in New York against the driver of the other vehicle involved in the accident. The trial court entered judgment in the carrier's favor...

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