Each policy issued and delivered under this chapter shall contain in substance the
following conditions:
(1) The company shall pay and satisfy any judgment that may be recovered against the insured
upon any claim covered by this policy to the extent and within the limits of liability
assumed thereby and shall protect the insured against the levy of any execution issued
upon any such judicial judgment or claim against the insured. No limitation of liability
in the policy shall be valid if, after a judgment has been rendered against the insured
in respect to his or her legal liability for damages in a particular instance, the
company continues the litigation by an appeal or otherwise, unless the insured stipulates
with the company, agreeing to continue such litigation.
(2) No action shall lie against the company to recover for any loss under this policy,
unless brought within one year after the amount of such loss is made certain either
by judgment against the insured after final determination of the litigation or by
agreement between the parties with the written consent of the company.
(3) The insolvency or bankruptcy of the insured shall not release the company from the
payment of damages for injury sustained or loss occasioned during the life of the
policy, and in case of such insolvency or bankruptcy an action may be maintained by
the injured person or claimant against the company under the terms of the policy,
for the amount of any judgment obtained against the insured not exceeding the limits
of the policy.
(4) Payment of any judicial judgment or claim by the insured for any of the company’s
liability under the policy shall not bar the insured from any action or right of action
against the company. In case of payment of loss or expense under the policy, the company
shall be subrogated to all rights of the insured against any party, as respects such
loss or expense, to the amount of such payment, and the insured shall execute all
papers required and shall cooperate with the company to secure to the company such
rights.
(5) Policies of motor vehicle insurance shall not provide for any adjustment of rates,
the application of any merit rating surcharge plan, nor any similar adjustment or
surcharge for any payments made to or on behalf of an insured for damages not attributable
to any fault of the insured.
(6) Policies of motor vehicle insurance shall not provide for any adjustment of rates,
the application of any merits surcharge rating plan, nor any similar adjustment or
surcharge for the first violation of 23 V.S.A. § 800. (Amended 1985, No. 77, § 4; 2021, No. 105 (Adj. Sess.), § 166, eff. July 1, 2022.)
Ins. Co. of State of Pa. v. Johnson, 2009 VT 92 (Vt. 2009). · cites it 2דSee 8 V.S.A. § 4203(5), (6) ("[p]olicies of motor vehicle insurance"); id.”
Blake v. Nationwide Ins., 2006 VT 48 (Vt. 2006). “The superior court ruled that plaintiff could bring this direct action against Nationwide to establish coverage if he fit within 8 V.S.A. § 4203(3). That section provides that if the insured is insolvent or bankrupt, the injured party may bring a direct action against the…”
Guiel v. Allstate Ins., 756 A.2d 777 (Vt. 2000). · cites it 3דSee 8 V.S.A. § 4203(4). These arguments are not persuasive.”
T. Copeland & Sons, Inc. v. Kansa Gen. Ins., 762 A.2d 471 (Vt. 2000). · cites it 5דWhile “loss” traditionally has been defined as the amount of an insured’s financial detriment that the insurer becomes liable to pay, we believe that the Legislature broadened “loss” to include the financial detriment suffered by a third party.”
Korda v. Chicago Ins. Co., 2006 VT 81 (Vt. 2006). · cites it 7דWe also conclude that the subrogation action was filed within the limitations period of 8 V.S.A. § 4203(2), assuming the allegations of the complaint are proved.”
Coop. Fire Ins. Ass'n v. Bizon, 693 A.2d 722 (Vt. 1997). · cites it 2דWe also note that Cooperative Fire made defendant a party, initially so that it could seek a restraining order against defendant’s prosecution of the wrongful death suit, but thereafter defendant participated as the only party opposing plaintiff’s claim. Further, we note that…”
In Re Ambassador Ins. Co., Inc., 2008 VT 105 (Vt. 2008). “See 8 V.S.A. § 4203(3) (allowing injured persons to maintain a direct action against an insurance company if the insured becomes insolvent or bankrupt).”
State v. Glens Falls Ins., 404 A.2d 101 (Vt. 1979). “8 V.S.A. § 4203 (emphasis added). We find in this statute a legislative declaration of a public policy favoring complete coverage.”
R.L. Vallee, Inc. v. Am. Int'l Specialty Lines Ins., 431 F. Supp. 2d 428 (D. Vt. 2006). “” Vt. Stat. Ann. tit. 8 § 4203(3). Hence, when the insured is insolvent or bankrupt, the injured party may bring suit against the insurer “under the terms of the policy, for the amount of any judgment obtained against the insured not exceeding the limits of the policy.”
Bennett Est. v. Travelers Ins., 438 A.2d 380 (Vt. 1981). · cites it 2דA formal judgment order incorporating the findings was filed on January 30, 1974.”
Bennett Est. v. Travelers Ins. Co., 413 A.2d 1208 (Vt. 1980). “See 8 V.S.A. § 4203(3). At a hearing in chambers on the later action, the superior court, acting sua sponte, objected to the 1974 judgment on the ground that it was based on findings and conclusions signed by the presiding judge, but not by either assistant judge.”
Norfolk & Dedham Fire Ins. v. Aetna Cas. & Sur. Co., 318 A.2d 659 (Vt. 1974). “8 V.S.A. § 4203(4). Subrogation arises when one man is compelled to pay a debt for which another is primarily liable and which, in good conscience, should have been discharged by the latter.”
T. Copeland & Sons, Inc. v. Kansa Gen. Ins., 762 A.2d 471 (Vt. 2000). “While “loss” traditionally has been defined as the amount of an insured’s financial detriment that the insurer becomes liable to pay, we believe that the Legislature broadened “loss” to include the financial detriment suffered by a third party.”
— Vt. Stat. Ann. tit. 08, § 4203(2) — 3 cases
Korda v. Chicago Ins. Co., 2006 VT 81 (Vt. 2006). “We also conclude that the subrogation action was filed within the limitations period of 8 V.S.A. § 4203(2), assuming the allegations of the complaint are proved.”
T. Copeland & Sons, Inc. v. Kansa Gen. Ins., 762 A.2d 471 (Vt. 2000). “While “loss” traditionally has been defined as the amount of an insured’s financial detriment that the insurer becomes liable to pay, we believe that the Legislature broadened “loss” to include the financial detriment suffered by a third party.”
Blake v. Nationwide Ins., 2006 VT 48 (Vt. 2006). “The superior court ruled that plaintiff could bring this direct action against Nationwide to establish coverage if he fit within 8 V.S.A. § 4203(3). That section provides that if the insured is insolvent or bankrupt, the injured party may bring a direct action against the…”
Coop. Fire Ins. Ass'n v. Bizon, 693 A.2d 722 (Vt. 1997). “We also note that Cooperative Fire made defendant a party, initially so that it could seek a restraining order against defendant’s prosecution of the wrongful death suit, but thereafter defendant participated as the only party opposing plaintiff’s claim. Further, we note that…”
In Re Ambassador Ins. Co., Inc., 2008 VT 105 (Vt. 2008). “See 8 V.S.A. § 4203(3) (allowing injured persons to maintain a direct action against an insurance company if the insured becomes insolvent or bankrupt).”
R.L. Vallee, Inc. v. Am. Int'l Specialty Lines Ins., 431 F. Supp. 2d 428 (D. Vt. 2006). “” Vt. Stat. Ann. tit. 8 § 4203(3). Hence, when the insured is insolvent or bankrupt, the injured party may bring suit against the insurer “under the terms of the policy, for the amount of any judgment obtained against the insured not exceeding the limits of the policy.”
Bennett Est. v. Travelers Ins., 438 A.2d 380 (Vt. 1981). “A formal judgment order incorporating the findings was filed on January 30, 1974.”
— Vt. Stat. Ann. tit. 08, § 4203(4) — 8 cases
Guiel v. Allstate Ins., 756 A.2d 777 (Vt. 2000). “See 8 V.S.A. § 4203(4). These arguments are not persuasive.”
Norfolk & Dedham Fire Ins. v. Aetna Cas. & Sur. Co., 318 A.2d 659 (Vt. 1974). “8 V.S.A. § 4203(4). Subrogation arises when one man is compelled to pay a debt for which another is primarily liable and which, in good conscience, should have been discharged by the latter.”
T. Copeland & Sons, Inc. v. Kansa Gen. Ins., 762 A.2d 471 (Vt. 2000). “While “loss” traditionally has been defined as the amount of an insured’s financial detriment that the insurer becomes liable to pay, we believe that the Legislature broadened “loss” to include the financial detriment suffered by a third party.”
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