Legal Opinion

Orleans Village v. Union Mutual Fire Insurance Co.

Supreme Court of Vermont

Decided February 14, 1975No. 81-74PublishedCited by 12 opinions

1Opinion of the CourtSmith, J.

An insurer who refused to defend a village sued in negligence argues here that the resolution of an issue litigated in that action won by the injured party is not binding on the insurer when the village later sues the insurer for breach of contract. That issue is whether the village had waived its *218sovereign immunity by purchasing liability insurance which covered the injured person’s property. 29 V.S.A. § 1403.

Arthur Wells obtained a judgment against Orleans Village for damages for the destruction of certain snow removal equipment. The judgment was affirmed by this Court on appeal. Wells v.…

2Cases cited10 opinions

  1. Farm Bureau Mut. Automobile Ins. Co. v. HammerCourt of Appeals for the Fourth Circuit · 1949
  2. Wells v. Village of Orleans, Inc.Supreme Court of Vermont · 1974
  3. American Fidelity Co. v. North British & Mercantile InsuranceSupreme Court of Vermont · 1964
  4. Renschler v. PizanoSupreme Court of Pennsylvania · 1938
  5. Trapeni v. WalkerSupreme Court of Vermont · 1958

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State Farm Mutual Automobile Insurance v. PaynterCourt of Appeals of Arizona · 1979
  2. Atkinson v. HaldaneAlaska Supreme Court · 1977
  3. Ohland v. City of MontpelierDistrict Court, D. Vermont · 1979
  4. Cooperative Fire Ins. Ass'n v. BizonSupreme Court of Vermont · 1997
  5. Davis v. Saab-Scania of America, Inc.Supreme Court of Vermont · 1975

7 more not listed; retrieve them via the Exa API.

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