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BEHR v. HOOK

No. 00-223.

787 A.2d 499 (2001)

Peter and Marjorie BEHR v. Norman HOOK, d/b/a Norm's Painting, Dead River Company of Maine and Jaynes and Berge, Inc.

Supreme Court of Vermont.

Motion for Reargument Denied November 14, 2001.

Attorney(s) appearing for the Case

Richard J. Windish, Jr. of Eaton & Hayes, Woodstock, and Richard C. Glazer of Cozen and O'Connor, Philadelphia, Pennsylvania, for Plaintiffs-Appellants.

James E. Preston of Pierson, Wadhams, Quinn & Yates, Burlington, for Defendant-Appellee Hook.

Kimberly L. Carboneau of Boylan & Richards, P.C., Springfield, for Defendant-Appellee Dead River Company of Maine.

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

SKOGLUND, J.

Plaintiffs Peter and Marjorie Behr, whose newly constructed home was destroyed by fire shortly before they were to move into it, appeal the superior court's summary judgment ruling upholding a waiver-of-subrogation provision contained in the construction contract entered into between the Behrs and their general contractor. Under the court's ruling, the Behrs' insurer—the real party in interest in this...

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