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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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¶ 17. Each of these purposes is relevant to the question of subrogation. This is especially true of the first purpose listed above. Upon signing the lease, tenants became members of an association that the lease identifies as a “part owner ... of the Managing General partner ... of the Partnership which owns Northgate.” If we take this clause of the lease seriously, this should end lour analysis. The insurance policy at issue insures landlord Northgate Housing Limited Partnership — i.e., “the Partnership which owns Northgate.” As part owners of that partnership’s managing general partner, the Residents’ Association — and, thus, the development’s residents — are also seemingly covered by the insurance policy. Thus, insurer cannot bring a subrogation action against tenants, as “‘an insurer cannot recover by means of subrogation against its own insured.’” Joerg, 2003 VT 27, ¶ 6 (quoting Peterson v. Silva, 704 N.E.2d 1163, 1164 (Mass. 1999)).