TOWN OF BRATTLEBORO v. TRAVELERS INS. CO.

No. 369-80.

449 A.2d 945 (1982)

TOWN OF BRATTLEBORO, Orman A. Holden, Corwin S. Elwell v. The TRAVELERS INSURANCE CO.; Midland Insurance Co., Appellant; Arthur Hurd, Sr. and Arthur Hurd, Jr.

Supreme Court of Vermont.

July 7, 1982.


Attorney(s) appearing for the Case

John S. Burgess, Brattleboro, for plaintiff-appellee Town of Brattleboro.

Allan T. Fisher of Dinse, Allen & Erdmann, Burlington, for defendant-appellant Midland.

John Paul Faignant of Miller, Norton & Cleary, Rutland, for defendant-appellee Travelers.

Before BARNEY, C. J., HILL, UNDERWOOD and PECK, JJ., and LARROW, J. (Ret.), Specially Assigned.


HILL, Justice.

The question in this case is whether the appellant, the Midland Insurance Company, is liable on an insurance policy it issued to the appellee, the Town of Brattleboro. The Windham Superior Court held that the appellant was liable. We reverse.

In February of 1976, the appellee purchased an insurance policy from Midland. The policy was a general liability policy, but explicitly excluded any claims for bodily injury.

In August of 1976,...

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