Legal Opinion
Proselect Insurance v. Levy
Supreme Court of Vermont
Decided September 13, 2011No. 10-438PublishedCited by 1 opinion
1Opinion of the Court
¶ 1. Plaintiff ProSelect Insurance Company filed this declaratory relief action to determine its duty to indemnify its insured in a lawsuit alleging medical malpractice and sexual assault. The trial court construed a policy exclusion to bar coverage and entered judgment in favor of ProSelect. Robyn Levy, plaintiff in the underlying suit, appeals from the judgment, asserting that: (1) the malpractice claims are covered under the concurrent causation doctrine; and (2) the policy exclusion as interpreted by the trial court contravenes public policy. We affirm.
¶ 2. The material undisputed facts…
2Cases cited6 opinions
- American Home Assurance Co. v. CohenWashington Supreme Court · 1994
- State Farm Mutual Automobile Insurance v. RobertsSupreme Court of Vermont · 1997
- Mailhiot v. Nationwide Mutual Fire InsuranceSupreme Court of Vermont · 1999
- American Home Assurance Company, Plaintiff-Counter-Defendant-Appellee v. Billy Carl Stephens, Defendant-Counter-Claimant-Appellant, Rory RossCourt of Appeals for the Fifth Circuit · 1997
- American Home Assurance Co. v. StephensTexas Supreme Court · 1999
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3Cited by1 opinion
- James River Insurance Company v. Inn-One Home, LLCDistrict Court, D. Vermont · 2021