Vermont Superior Court Decides A Number Of Issues Of First Impression In Vermont Insurance And Practice Law
In a recent Vermont law update published in the Summer 2011 issue of the Tri-State Defense Lawyers Association Newsletter, Walter Judge delves into Northern Security Ins. Co. v. Pratt, a case in which “Judge Crawford plows entirely new ground on many insurance coverage and practice issues not previously addressed by the Vermont Supreme Court.” Two particularly significant decisions of first impression in Pratt are: a) an insured does not necessarily forfeit coverage by refusing to sign a non-waiver agreement; and b) the insurer, and not the insured, has the right to select defense counsel for the insured when the insurer offers the insured a defense under a reservation of rights.
