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STATE v. CNA INS. COMPANIES

No. 99-276.

779 A.2d 662 (2001)

STATE of Vermont v. CNA INSURANCE COMPANIES, Continental Insurance Company and Glens Falls Insurance Company.

Supreme Court of Vermont.

July 20, 2001.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and William E. Griffin, Chief Assistant Attorney General, Montpelier, for Plaintiff-Appellant.

James E. Preston of Pierson Wadhams Quinn & Yates, Kevin J. Coyle of McNeil Leddy & Sheahan, Burlington, and Robert M. Kaplan of Robson Ferber Frost Chan & Essner, LLP, New York, New York, for Defendants-Appellees.

Present: DOOLEY, MORSE and JOHNSON, JJ., and TOOR, Superior Judge, and GIBSON, J. (Ret.), Specially Assigned.

JOHNSON, J.

Plaintiff State of Vermont appeals and defendants CNA Insurance, Continental Insurance and Glens Falls Insurance cross-appeal from an order of the superior court granting in part and denying in part the parties' motions for summary judgment. The State initiated a declaratory judgment action to determine insurance coverage for potential liability arising from the contamination of the state prison site in Windsor. The trial court held that there was coverage...

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