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· 3/30/2012

Co-Operative Insurance Companies v. Woodward

Citations

  • 2012 VT 22
  • 45 A.3d 89
  • 191 Vt. 348
  • 2012 Vt. LEXIS 24

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding no duty to defend where there is \no possible factual or legal basis on which the insurer may be required to indemnify.\
  • noting that there is no meaningful difference between the terms “an insured” and “any insured,” and holding that “such language has a collective effect and bars all insureds from coverage” even if the policy contains a separation of insureds clause
  • noting that there is no meaningful difference between the terms “an insured” and “any insured,” and holding that “such language has a collective effect and bars all insureds from coverage” even if the policy contains a separation of insureds clause
  • holding severability clause “cannot override” an “an insured” exclusion
  • rejecting Minkler and finding that exclusion of coverage for loss caused by intentional acts of “an insured” applied to both insureds under the policy, despite existence of a severability clause, as the exclusion was unambiguous
  • “Insurers have a duty to defend when the claim against the insured ‘might be of the type covered by the policy.’” (quoting Garneau v. Curtis & Bedell, Inc., 610 A.2d 132, 134 (Vt. 1992)

Source: CourtListener parenthetical corpus (CC0).

Judges: Reiber, Dooley, Johnson, Skoglund, Burgess

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.