MURPHY v. ACCEPTANCE INDEM. INS. CO.

File No. 1:09-cv-229-jgm.

788 F.Supp.2d 332 (2011)

Dan MURPHY and Wendy Linnington, Plaintiffs, v. ACCEPTANCE INDEMNITY INSURANCE COMPANY, Defendant.

United States District Court, D. Vermont.

March 15, 2011.


Attorney(s) appearing for the Case

Frank H. Langrock , Langrock Sperry & Wool, LLP, Middlebury, VT, for Plaintiffs.

Harry R. Ryan, III , Ryan Smith & Carbine, Ltd., Rutland, VT, for Defendant.


OPINION AND ORDER

(Docs. 19 and 23)

J. GARVAN MURTHA, Senior District Judge.

Plaintiffs Dan Murphy ("Murphy") and Wendy Linnington ("Linnington"), who sue Acceptance Indemnity Insurance Company ("Acceptance") as assignees of the rights of the insured, Rusty Nail Acquisition, Inc. ("Rusty Nail"), now move for partial summary judgment on grounds Acceptance breached its duty to defend Rusty Nail in an underlying personal injury suit. (Doc....

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