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SMITH v. NATIONWIDE MUT. INS. CO.

No. 02-020.

830 A.2d 108 (2003)

2003 VT 61

Michelle SMITH v. NATIONWIDE MUTUAL INSURANCE CO.

Supreme Court of Vermont.

June 27, 2003.

Attorney(s) appearing for the Case

Joseph C. Benning, Lyndonville, for Plaintiff-Appellee.

John E. Brady and Brendan P. Donahue of Brady & Callahan, P.C., Springfield, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

SKOGLUND, J.

¶ 1. This is a declaratory judgment action concerning automobile insurance. Defendant Nationwide Mutual Insurance Company ("Nationwide") appeals from an order holding it liable to its insured for a judgment entered against him in a lawsuit arising from an automobile accident that Nationwide failed to defend. Nationwide argues that it owed no defense because its insured breached its duties under the contract of insurance and was unable to defend without...

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