THE TRAVELERS COS. v. LIBERTY MUT. INS.

No. 94-579.

670 A.2d 827 (1995)

THE TRAVELERS COMPANIES v. LIBERTY MUTUAL INSURANCE COMPANY, Gary Cole, d/b/a Cole Turf Company and Gary Cole, Individually.

Supreme Court of Vermont.

November 9, 1995.


Attorney(s) appearing for the Case

John J. Boylan, III, of Boylan & Bowen, Springfield, for plaintiff-appellant.

Mark H. Kolter of Darby Laundon Stearns & Thorndike, Stowe, for defendants-appellees.

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


ALLEN, Chief Justice.

Plaintiff workers' compensation insurer sought a declaratory judgment establishing its right to reimbursement for compensation benefits paid to defendant Gary Cole after he received underinsured motorist benefits from his employer's liability carrier. The Lamoille Superior Court granted Cole's motion for summary judgment. We reverse.

Gary Cole was seriously injured in a motor vehicle collision in Morrisville while in the course of his...

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