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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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Id. at 816. This statement in Rausch is consistent with our holding in Joerg and is applicable to the lease at issue here. The “Hazards” provision is nothing if not an “implied agreement to maintain fire insurance on the leased premises,” and the “Damages” provision is plainly “a general ... ‘liability for negligence’ clause.” Id. As Rausch suggests, the two clauses can be read consistently with one another, provided that we consider the “Damages” provision as protection for landlord in case it cannot recover the full costs of repairs through insurance.