Travelers Indemnity Co. of America v. Deguise, 180 Vt. 214 (2006)

Citation: Travelers Indemnity Co. of America v. Deguise, 180 Vt. 214 (2006)
Parent Document: Travelers Indemnity Co. of America v. Deguise, 180 Vt. 214 (2006)
Jurisdiction: Vermont (state)
Effective Date: 2006-08-18
Original Source: https://www.courtlistener.com/opinion/8209938/travelers-indemnity-co-of-ameri... ↗

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¶ 4. The legal question posed by tenants on appeal — whether a tenant is an implied coinsured under a landlord’s fire insurance policy — is one we recently addressed in another decision, albeit under different factual circumstances. See Town of Stowe v. Stowe Theatre Guild, 2006 VT 79, ¶ 7, 180 Vt. 165, 908 A.2d 447 (affirming trial court’s conclusion that nonprofit theater group leasing performance space in town building under oral lease was not implied coinsured under town’s fire insurance policy on the building). As we stated in Stowe Theatre Guild, an insurer in a subrogation action stands in its insured’s shoes when seeking to recover amounts the insurer has paid its insured as a result of a third party’s tortious conduct. Id. ¶ 5. Our analysis in Stowe Theatre Guild, as in this case, was guided by our decision in Union Mutual Fire Insurance Co. v. Joerg, where we concluded that “a tenant’s liability to the landlord’s insurer for negligently causing a fire depends on the intent and reasonable expectations of the parties to the lease as ascertained from the lease as a whole.” Union Mut. Fire Ins. Co. v. Joerg, 2003 VT 27, ¶ 8, 175 Vt. 196, 824 A.2d 586.

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