Legal Opinion
American Protection Insurance v. McMahan
Supreme Court of Vermont
Decided May 5, 1989No. 87-579PublishedCited by 21 opinions
1Opinion of the CourtMorse, J.
The issue on appeal involves the coverage provided by a homeowner’s policy for risks attendant formaldehyde insulation in a home. The trial court declared that the insurance policy did not provide coverage. We reverse.
I
Background
In 1984, defendants McMahan sold to defendants Livak a residential dwelling in Huntington Center, Vermont, which had previously been insulated with urea formaldehyde foam insulation. By complaint in October 1985, the Livaks sued the McMahans on three counts — misrepresentation, fraudulent concealment, and strict products liability — alleging that the formaldehyde…
2Cases cited16 opinions
- Porter v. American Optical Corp.Court of Appeals for the Fifth Circuit · 1981
- Insurance Co. of North America v. Forty-Eight Insulations, Inc.Court of Appeals for the Sixth Circuit · 1980
- Vaillancourt v. Medical Center Hospital of Vermont, Inc.Supreme Court of Vermont · 1980
- Keene Corporation v. Insurance Company of North America Aetna Casualty and Surety Company, Keene Corporation v. Insurance Company of North America Keene Corporation v. Insurance Company of North America, Liberty Mutual Insurance Company,appellant. Keene Corporation v. Insurance Company of North America, Aetna Casualty and SuretycompanyCourt of Appeals for the D.C. Circuit · 1981
- State v. Glens Falls InsuranceSupreme Court of Vermont · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Burlington v. National Union Fire InsuranceSupreme Court of Vermont · 1994
- Garneau v. Curtis & Bedell, Inc.Supreme Court of Vermont · 1992
- Village of Morrisville Water & Light Department v. United States Fidelity & Guaranty Co.District Court, D. Vermont · 1991
- Applied Bolting Technology Products, Inc. v. United States Fidelity & Guaranty Co.District Court, E.D. Pennsylvania · 1996
- State v. CNA Ins. CompaniesSupreme Court of Vermont · 2001
16 more not listed; retrieve them via the Exa API.