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McALISTER v. VERMONT PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION

No. 2004-547, November Term, 2005

908 A.2d 455 (2006)

2006 VT 85

Robert K. McAlister v. Vermont Property and Casualty Insurance Guaranty Association and Robert S. Baska, M.D.

Supreme Court of Vermont

August 11, 2006

Attorney(s) appearing for the Case

Colin R. Benjamin of Benjamin, Bookchin, Colburn & Durrell, P.C., Derby, for Plaintiff-Appellee.

W. Scott O'Connell of Nixon Peabody LLP, Manchester, New Hampshire, and Joseph C. Tanski and Mark D. Robins, Boston, Massachusetts, for Defendant-Appellant.

PRESENT: Reiber, C.J., Dooley, Johnson, Skoglund and Burgess, JJ.

BURGESS, J.

¶ 1. In this declaratory judgment action, defendant Vermont Property and Casualty Insurance Guaranty Association ("VPCIGA") appeals from the superior court's order, on the parties' cross-motions for summary judgment, that VPCIGA must provide insurance coverage up to $300,000 to defend and indemnify defendant Dr. Robert S. Baska against plaintiff's medical malpractice claim. The issue on appeal is whether plaintiff's claim is a "covered claim" under...

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