KORDA v. CHICAGO INSURANCE COMPANY

No. 2004-530, November Term, 2005

908 A.2d 1018 (2006)

2006 VT 81

Joan Korda, Executrix of the Estate of Murray Korda and Union Mutual Insurance Company v. Chicago Insurance Company

Supreme Court of Vermont

August 4, 2006


Attorney(s) appearing for the Case

Donald R. Powers of Powers & Byers LLP, Middlebury, for Plaintiff-Appellant Korda.

F. Brian (Ted) Joslin and Laura Q. Pelosi of Theriault & Joslin, P.C., Montpelier, for Plaintiff-Appellant Union Mutual Insurance Company.

John B. Webber and Timothy Budd of Webber, Chapman & Kupferer, Ltd., Rutland, and Alfred C. Constants III of Caron, Constants & Wilson, Rutherford, New Jersey, for Defendant-Appellee.

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


DOOLEY, J.

¶ 1. This case arises from a fatal car accident. Appellants in this case are the Estate of Murray Korda (the Estate) and one of two uninsured motorist carriers (UIM carriers)1 who insured Mr. Korda at the time of the accident. Below, the UIM carriers filed suit under the Estate's name with its permission against defendant Chicago Insurance Company (Chicago), the insurer of Champlain Valley Speech and Language Practice,...

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