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TATEOSIAN v. STATE

No. 05-574.

945 A.2d 833 (2007)

2007 VT 136

Edward TATEOSIAN and Margaret Tateosian v. STATE of Vermont and Aero Industries, Inc. v. Vermont Municipal Truck Equipment & Supplies, Inc.

Supreme Court of Vermont.

December 21, 2007.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, William E. Griffin, Chief Assistant Attorney General, and Eve Jacobs-Carnahan, Assistant Attorney General, Montpelier, for Third-Party Plaintiff-Appellant.

John E. Brady and Brendan P. Donahue of Brady & Callahan, P.C., Springfield, for Third-Party Defendant-Appellee/Cross-Appellant Vermont Municipal Truck Equipment & Supplies, Inc.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. DOOLEY, J.

In this contractual duty-to-defend case, both parties — third-party plaintiff, the State of Vermont, and third-party defendant, Vermont Municipal Truck Equipment & Supplies, Inc. (VMT)—appeal the judgment of the superior court. In relevant part, the court concluded that VMT had a limited duty to defend the State and awarded the State $5430 in attorney's fees. On appeal, the State argues that the court erred by: (1) concluding...

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