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PROGRESSIVE CAS. INSURANCE COMPANY v. ESTATE OF KEENAN

No. 06-130.

937 A.2d 630 (2007)

2007 VT 86

PROGRESSIVE CASUALTY INSURANCE COMPANY v. Estate of Shaun P. KEENAN, Daniel Keenan, Shawn Macomber, Christopher Potter, Carlos Dobbins, Ryan Monroe and York Insurance Company of Maine, Inc.

Supreme Court of Vermont.

August 31, 2007.

Attorney(s) appearing for the Case

Stephen D. Ellis of Ellis & Boxer, Springfield, for Defendant-Appellant York Insurance Company.

Donald W. Goodrich of Donovan & O'Connor, LLP, Bennington, for Defendants-Appellees Keenan.

D. Patrick Winburn of Winburn Law Offices, Bennington, for Defendant-Appellee Monroe.

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

REIBER, C.J.

¶ 1. In this appeal, we revisit the meaning of the term "double recovery" as used in 21 V.S.A. § 624(e) and interpreted by the Court in Travelers Insurance Co. v. Henry, 2005 VT 68, 178 Vt. 287, 882 A.2d 1133. Specifically, we address the circumstances under which an underinsured/uninsured motorist (UIM) award must be allocated between economic and noneconomic damages and, consequently, when a workers...

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