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USAA v. SWANN

No. 98-568.

749 A.2d 23 (2000)

UNITED SERVICES AUTOMOBILE ASSOCIATION, INC. v. Kevin and Roscoe A. SWANN, Gary Dolderer.

Supreme Court of Vermont.

January 28, 2000.

Attorney(s) appearing for the Case

Douglas Richards and Tracy Kelly Shriver of Douglas Richards, P.C., Springfield, for Plaintiff-Appellee.

Robert B. Luce of Downs Rachlin & Martin PLLC, Burlington, for Defendant-Appellant Gary Dolderer.

Present AMESTOY, C.J., JOHNSON and SKOGLUND, JJ., and VAN BENTHUYSEN, Superior Judge, and GIBSON, J. (Ret.), Specially Assigned.

AMESTOY, C.J.

Insurer United Services Automobile Association (USAA) sought a declaratory judgment from the Windham Superior Court to determine whether it is obligated to either defend or indemnify Kevin Swann, an adult child, under the terms of his parents' homeowner's policy, against a claim that Swann allegedly committed a tort. According to USAA, it has no duty to defend or indemnify Swann because the alleged tort occurred...

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