The Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant. Here’s the decision and a very brief...more
On September 23, 2022, the Vermont Supreme Court issued an opinion reversing the dismissal of insurance claims seeking coverage for damage the insured argued was caused by the SARS-CoV-2 virus.
Huntington Ingalls Indus.,...more
The Court Affirmed A Lower Court’s Enforcement Of The Arbitration Clause, Requiring The Consumers To Arbitrate Their Claims Against A Home Inspection Company, And Also Affirmed The Lower Court’s Refusal To Vacate The...more
Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) -
In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more
10/6/2020
/ Ambiguous ,
Appeals ,
Breach of Contract ,
Cause of Action Accrual ,
Date of Loss ,
Denial of Insurance Coverage ,
Insurance Litigation ,
Property Damage ,
Remand ,
Reversal ,
Statute of Limitations ,
VT Supreme Court ,
Waivers
Progressive Northern Insurance Company V. Muller, Et Al. 2020 VT 76 (August 28, 2020) -
Vermont Supreme Court holds that “Combined Single Limit” and “Limits of Liability” provisions in UIM policy cap auto insurer’s total...more
9/1/2020
/ Auto Insurance ,
Bodily Injury ,
Damage Caps ,
Declaratory Judgments ,
Liability Caps ,
Motorcycle Accidents ,
Multi-Claim Litigation ,
Policy Terms ,
Set Off ,
UI/UIM ,
VT Supreme Court
Vermont Supreme Court offers guidance on admissibility of social media content -
By now it is not particularly controversial that a litigant’s social media content is discoverable. See, e.g., Lewis v. Bellows Falls...more
8/5/2020
/ Admissible Evidence ,
Appeals ,
Authentication ,
Business Records ,
Criminal Procedure ,
Discovery ,
Electronically Stored Information ,
Evidentiary Standards ,
Facebook ,
Inadmissible Evidence ,
Reversal ,
Search Warrant ,
Self-Authentication ,
Social Media ,
VT Supreme Court
Sutton v. Vermont Regional Center, 2019 VT 71 (Oct. 14, 2019) -
Despite its longstanding reputation as liberal and sympathetic to plaintiffs, the Vermont Supreme Court has for a very long time strictly enforced the...more
2/27/2020
/ Breach of Contract ,
Construction Industry ,
EB-5 ,
Economic Loss Doctrine ,
Investment Fraud ,
Motion to Dismiss ,
Negligence ,
Negligent Misrepresentation ,
Pecuniary Losses ,
Real Estate Development ,
Reversal ,
VT Supreme Court