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HATHAWAY v. TUCKER

No. 08-442.

14 A.3d 968 (2010)

2010 VT 114

Debra HATHAWAY, Executrix of the Estate of Robert A. Hathaway, Jr., Individually, and On Behalf of the Next of Kin of Robert A. Hathaway, Jr. v. Paul H. TUCKER and Casella Waste Management, Inc. Paul H. Tucker v. Old Republic Insurance Company v. Peerless Insurance Company.

Supreme Court of Vermont.

December 23, 2010.

Attorney(s) appearing for the Case

Walter E. Judge, Jr. of Downs Rachlin Martin PLLC, Burlington, for Third-Party Defendant and Fourth-Party Plaintiff-Appellant Old Republic Insurance Company.

Stephen J. Soule of Paul Frank + Collins, P.C., Burlington, for Defendant-Appellant Casella Waste Management, Inc.

Pietro J. Lynn , Robin A. Freeman, Jr. and Jeffrey S. Marlin of Lynn, Lynn & Blackman, P.C., Burlington, for Fourth-Party Defendant-Appellee Peerless Insurance Company.

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

DOOLEY, J.

¶ 1. This case concerns the proper allocation of settlement costs between insurers following a wrongful death settlement. The death occurred in 2002, when Paul H. Tucker ("Tucker") was hauling waste for Casella Waste Management, Inc. ("Casella") and collided with Robert Hathaway's vehicle, killing Hathaway. Appellant, Old Republic Insurance Co. ("Old Republic"), challenges a grant of summary judgment in favor of Peerless Insurance Co. ("Peerless")...

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