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STATE v. PRISON HEALTH SERVICES, INC.

No. 12-380.

88 A.3d 414 (2013)

2013 VT 119

STATE of Vermont, v. PRISON HEALTH SERVICES, INC.

Supreme Court of Vermont.

December 20, 2013.

Attorney(s) appearing for the Case

William H. Sorrell , Attorney General, and Mark J. Patane , Assistant Attorney General, Montpelier, for Plaintiff-Appellant.

Samuel Hoar and Sophie E. Zdatny of Dinse, Knapp & McAndrew, P.C., Burlington, for Defendant-Appellee.

Shannon A. Bertrand of Kenlan, Schwiebert, Facey & Goss, P.C., Rutland, for Intervenor-Appellee James Gipe, Administrator of the Estate of Ashley Ellis.

Present: DOOLEY, SKOGLUND, BURGESS and ROBINSON, JJ., and DEVINE, Supr. J., Specially Assigned.

SKOGLUND, J.

¶ 1. The case before us involves a contract dispute between the State of Vermont and Corizon Health, Inc., formerly known as Prison Health Services, Inc. (PHS). The State appeals a declaratory judgment ruling that PHS is not contractually obligated to defend the State and its employees against certain claims brought by the estate of decedent, who died while in the custody of the Department of Corrections. We reverse, and conclude that PHS has a duty...

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