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MERKEL v. NATIONWIDE INS. CO.

No. 95-636.

693 A.2d 706 (1997)

George MERKEL v. NATIONWIDE INSURANCE COMPANY.

Supreme Court of Vermont.

March 21, 1997.

Attorney(s) appearing for the Case

James A. Dumont and Jon M. Groveman, Law Clerk, of Keiner & Dumont, P.C., Middlebury, for plaintiff-appellant.

Allan R. Keyes and John A. Serafino of Ryan Smith & Carbine, Ltd., Rutland, for defendant-appellee.

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

DOOLEY, Justice.

Plaintiff George Merkel sought a declaration that defendant Nationwide Insurance Company was liable under the underinsured motorist provision of its policy, following plaintiff's 1988 accident with an underinsured driver. The Addison Superior Court granted defendant's summary judgment motion, and plaintiff appealed. He argues that: (1) defendant failed to obtain an effective election to set the underinsured...

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