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BURLINGTON v. GAS & ELEC. INS. SERVICES

No. 98-049.

751 A.2d 284 (2000)

CITY OF BURLINGTON v. ASSOCIATION OF GAS AND ELECTRIC INSURANCE SERVICES, LTD.

Supreme Court of Vermont.

February 25, 2000.

Attorney(s) appearing for the Case

John L. Franco, Jr., Burlington, and John T. Leddy of McNeil, Leddy & Sheahan, P.C., Burlington, for Plaintiff-Appellee.

Joseph E. Frank of Paul, Frank & Collins, Inc., Burlington, for Defendant-Appellant.

Present AMESTOY, C.J., MORSE, JOHNSON and SKOGLUND, JJ., and CASHMAN, District Judge, Specially Assigned.

SKOGLUND, J.

For the third time, we are asked to decide the extent of insurance coverage, if any, available to appellee City of Burlington concerning its settlement of a suit claiming that the City wrongfully refused to accept wood chip deliveries as provided in a contract between the City and the owners of a wood products business, the Moffatts. In the first case, we determined that the City's primary liability policy with National Union Fire Insurance Co. (NUFI...

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