Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Travelers Indemnity Co. v. Deguise (2005)

Citation
Travelers Indemnity Co. v. Deguise (2005)
Parent Document
Travelers Indemnity Co. v. Deguise (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-07-27

Full Text

885 chars
This court denied tenants’ initial Rule 12(b)(6) motion to dismiss for
several reasons, the primary being that tenants’ argument was premised on
a lease that had not been submitted. See Joerg, at ¶ 11 (centering the
determination of coinsured status on what the parties intended and expected
from their lease). Both parties have rectified that problem by including a
copy of tenants’ lease in their respective motions for summary judgment.
The question now becomes whether paragraph 28 of tenants’ lease, as they
argue, makes them coinsured beneficiaries under Northgate’s fire insurance
policy. Because neither party disputes the content of the lease and because
there is no ambiguity in its language, summary judgment is proper on this
issue. Rogers v. Wells, 174 Vt. 492, 494 (2002) (“Absent ambiguity,
contract interpretation is a matter of law.”). The paragraph in question reads: