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PROGRESSIVE INS. CO. v. WASOKA

No. 03-451.

885 A.2d 1166 (2005)

2005 VT 76

PROGRESSIVE INSURANCE COMPANY v. Gregory WASOKA and Robert Cerdeira.

Supreme Court of Vermont.

Motion for Reargument Denied August 17, 2005.

Attorney(s) appearing for the Case

Laurie LeClair and Susan J. Flynn of Clark, Long, Werner & Flynn, P.C., Burlington, for Plaintiff-Appellant.

Mark E. Furlan of Abatiell Associates, P.C., Rutland, for Defendant-Appellee Wasoka.

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

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

JOHNSON, J.

¶ 1. Progressive Insurance Company appeals from a denial of its motion for summary judgment against its insured, Gregory Wasoka, for fraud in the inducement of an automobile insurance policy. Progressive claims on appeal that the trial court misunderstood its motion for summary judgment and erroneously dismissed the entire case when Progressive had filed its motion based on only one of its claims. Progressive contends the trial court also erred by...

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