CONCORD GENERAL MUT. INS. CO. v. MADORE

No. 04-291.

882 A.2d 1152 (2005)

2005 VT 70

CONCORD GENERAL MUTUAL INSURANCE COMPANY v. Leo MADORE, Linda Madore On Behalf of T.M. (A Minor) and Tracy Dion On Behalf of T.S. (A Minor).

Supreme Court of Vermont.

Motion for Reargument Denied August 3, 2005.


Attorney(s) appearing for the Case

Richard J. Holmes of Robert A. Mello & Associates, P.L.C., South Burlington, for Plaintiff-Appellee.

Thomas C. Bixby of McCarty Law Offices, P.C., Brattleboro, for Defendants-Appellants Dion and T.S. (A Minor).

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.


¶ 1. JOHNSON, J.

Plaintiff Concord General Mutual Insurance Company brings this declaratory judgment action claiming that it does not owe its insureds a duty to defend or indemnify them in an underlying tort suit arising from minor-on-minor sexual molestation. Plaintiff moved for and was granted judgment against all parties to the underlying tort suit on grounds that the homeowners' policy at issue expressly excluded from coverage personal liability arising out...

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