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STATE FARM MUT. AUTO. INS. CO. v. ROBERTS

No. 95-115.

697 A.2d 667 (1997)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. David ROBERTS, Lyle Webb, Nationwide Mutual Insurance Company & Cooperative Fire Insurance Association of Vermont.

Supreme Court of Vermont.

June 6, 1997.

Attorney(s) appearing for the Case

Robert G. Cain and William D. Riley of Paul, Frank & Collins, Inc., Burlington, for plaintiff-appellee.

James A. Dumont and John J. Cotter, Law Clerk (On the Brief), of Sessions, Keiner, Dumont & Barnes P.C., Middlebury, for defendant-appellant/cross-appellee Webb.

John Davis Buckley of Theriault & Joslin, P.C., Montpelier, for defendant-appellee Nationwide Mutual Insurance Company.

Richard P. Foote of Conley & Foote, Middlebury, for defendant-appellee/cross-appellant Cooperative Fire Insurance Association of Vermont.

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

DOOLEY, Justice.

This declaratory judgment action concerns the contractual liability of three insurance companies with respect to an underlying tort suit brought by Lyle Webb after he was injured while unloading an engine from his truck into David Roberts' garage. In response to the parties' motions for summary judgment, the superior court ruled that both Roberts' automobile and homeowner insurers had a duty to defend and indemnify him. The court also ruled that the...

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