MONTEITH v. JEFFERSON INS. CO. OF NEW YORK

No. 91-244.

618 A.2d 488 (1992)

Joseph MONTEITH v. JEFFERSON INSURANCE COMPANY OF NEW YORK and Peerless Insurance Company.

Supreme Court of Vermont.

Motion for Reargument Denied November 18, 1992.

Motion for Reconsideration Denied December 4, 1992.


Attorney(s) appearing for the Case

Richard H. Saudek of Cheney, Brock & Saudek, P.C., Montpelier, for plaintiff-appellant.

Samuel Hoar, Jr. and Frederick S. Lane III of Dinse, Erdmann & Clapp, Burlington, for defendant-appellee Jefferson Ins. Co. of New York.

David L. Cleary and Ellen J. Abbott of David L. Cleary Associates, Rutland, for defendant-appellee Peerless Ins. Co.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and PECK, J. (Ret.), Specially Assigned.


JOHNSON, Justice.

Plaintiff was injured when he was struck by an automobile while riding his motorcycle. He suffered total personal injury damages exceeding $200,000, and recovered only $100,000 from the insurer for the driver of the other vehicle, whose negligence caused the accident. He appeals from a trial court decision holding that two insurers with whom he had policies are not liable for his additional damages under policy provisions covering accidents with...

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