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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (37)

Full Text

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Johnson, J.,
¶ 14. dissenting. In Union Mutual Fire Insurance Co. v. Joerg, we declined to adopt a per se rule regarding insurers’ subrogation claims against tenants. Instead, we chose to adopt a “case-by-case approach,” where the status of the tenant as an express or implied coinsured under the landlord’s insurance policy is “ascertained from the terms of the lease.” Joerg, 2003 VT 27, ¶ 9, 175 Vt. 196, 824 A.2d 586. Here, viewing the lease as a whole, it appears that both parties to the lease would reasonably have expected tenants to be coinsureds *221under landlord’s fire insurance policy. Accordingly, I respectfully dissent.