Legal Opinion

Hamill v. Pawtucket Mutual Insurance

Supreme Court of Vermont

Decided December 30, 2005No. 05-025PublishedCited by 43 opinions

1Opinion of the Court

Allen, C J. (Ret.),

¶ 1. Specially Assigned. In this appeal, we consider whether an insured homeowner whose residence allegedly became uninhabitable due to water damage, and later mold growth, has a cause of action in negligence against the independent adjusters hired by the homeowner’s insurer to investigate the insured’s initial claim. We affirm the superior court’s summary judgment ruling that the adjuster has no cognizable legal duty vis-a-vis the homeowner with respect to the type of damages claimed here, and that the homeowner’s only remedy was against his insurer.

¶ 2. The parties…

2Cases cited20 opinions

  1. Berschauer/Phillips Construction Co. v. Seattle School District No. 1Washington Supreme Court · 1994
  2. Langle v. KurkulSupreme Court of Vermont · 1986
  3. Hudock v. Donegal Mutual InsuranceSupreme Court of Pennsylvania · 1970
  4. Insurance Co. of North America v. Cease Electric Inc.Wisconsin Supreme Court · 2004
  5. Springfield Hydroelectric Co. v. CoppSupreme Court of Vermont · 2001

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

3Cited by43 opinions

  1. Robert Lodholtz v. York Risk Services Group, IncoCourt of Appeals for the Seventh Circuit · 2015
  2. Long Trail House Condominium Assoc. v. Engelberth Construction, Inc. v. Morgan's Roofing & ConstructionSupreme Court of Vermont · 2012
  3. TRINITY BAPTIST CHURCH v. BROTHERHOOD MUTUAL INSURANCE SERVICES, LLCSupreme Court of Oklahoma · 2014
  4. Kellogg v. WyethDistrict Court, D. Vermont · 2010
  5. Hunt Construction Group, Inc. v. Brennan Beer Gorman/Architects, P.C.Court of Appeals for the Second Circuit · 2010

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

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