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COOPERATIVE FIRE INS. ASS'N v. BIZON

No. 95-214.

693 A.2d 722 (1997)

COOPERATIVE FIRE INSURANCE ASSOCIATION OF VERMONT v. Robert BIZON, James W. Ashcroft, Administrator of Estate of James R. Ashcroft, James W. and Marta Ashcroft.

Supreme Court of Vermont.

March 28, 1997.

Attorney(s) appearing for the Case

Allan R. Keyes and Joseph H. Badgewick of Ryan Smith & Carbine, Ltd., Rutland, for plaintiff-appellee.

James A. Dumont, Marybeth McCaffrey, and Sandra M. Lee and Mary Kay Lanthier, Law Clerks (on the brief), of Keiner & Dumont, P.C., Middlebury, for defendants-appellants.

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

DOOLEY, Justice.

This appeal arises from a declaratory judgment action brought by plaintiff Cooperative Fire Insurance Association of Vermont against its insured, Robert Bizon, to seek a determination that it did not have to defend or indemnify Bizon in a civil action over the shooting death of James R. Ashcroft on Bizon's property. Cooperative Fire subsequently added by motion James W. Ashcroft (hereinafter defendant), as administrator of

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