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BURLINGTON v. NATIONAL UNION FIRE INS.

No. 94-381.

655 A.2d 719 (1994)

CITY OF BURLINGTON v. NATIONAL UNION FIRE INSURANCE COMPANY.

Supreme Court of Vermont.

December 30, 1994.

Attorney(s) appearing for the Case

John L. Franco of McNeil, Leddy & Sheahan, Burlington, for plaintiff-appellant.

Aaron Eaton and Joseph H. Badgewick of Ryan Smith & Carbine, Ltd., Rutland, for defendant-appellee.

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

DOOLEY, Justice.

This appeal concerns whether National Union Fire Insurance Co. (NUFI) owes its insured, City of Burlington, reimbursement for Burlington's expenses in investigating, defending and settling a suit initiated against it in the Caledonia Superior Court, entitled Moffatt v. City of Burlington. Because NUFI declined to defend, Burlington provided its own defense and eventually settled the Moffatt case before trial. Burlington then brought...

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