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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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The dissent interprets the lease agreement differently, based in large part on its conclusion that a provision in the lease conveys an “ownership interest” to tenants through their participation in a “Residents’ Association,” an argument not raised below or argued by tenants. See post, ¶ 15. The particular clause referenced by the dissent appears to relate to the tenants having a voice in the governance and management of the apartments, rather than the tenants’ actual ownership of or equity interest in the building. Notwithstanding the language in that provision imparting some co-responsibility of tenants to the community, this co-responsibility is not inconsistent with a tenant’s liability for negligent damage to the building. We disagree that this provision renders the damages provision of “secondary importance.” Post, ¶ 16. The “ownership” provision is not relevant to the inquiry here, *219which is whether, through the terms of the lease, the landlord is deemed to have waived tenants’ common law liability for negligently causing fire damage to the building. We do not find the alleged “ownership” provision to create any ambiguity in the lease on this issue.