PHARMACISTS MUT. INS. CO. v. MYER

No. 08-405.

993 A.2d 413 (2010)

2010 VT 10

PHARMACISTS MUTUAL INSURANCE COMPANY v. Glenn A. MYER, Reggie Cooper and MMG Insurance Company.

Supreme Court of Vermont.

February 4, 2010.


Attorney(s) appearing for the Case

Paul J. Perkins of Plante & Hanley, P.C., White River Junction, for Plaintiff-Appellee.

Joshua L. Simonds of Mertz, Talbott & Simonds, PLC, Burlington for Defendant-Appellant Myer.

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


¶ 1. REIBER, C.J.

Glenn A. Myer appeals from a summary judgment declaring that his insurer, Pharmacists Mutual Insurance Company, owed him no duty to indemnify or pay defense costs on appeal from a third-party claim, and dismissing Myer's counterclaims for bad faith and consumer fraud. We affirm the court's dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand for further proceedings.

¶ 2. The material...

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