§ 1403. Waiver of immunity by municipal corporations and counties
Notwithstanding the provisions of 12 V.S.A. § 5602 or any other statute, when a municipal corporation purchases a policy of liability
insurance under 24 V.S.A. § 1092, and when a county purchases a policy of liability insurance under the provisions
of 24 V.S.A. § 131, it waives its sovereign immunity from liability to the extent of the coverage of
the policy and consents to be sued. (Added 1959, No. 328 (Adj. Sess.), § 14; amended 1981, No. 213 (Adj. Sess.), § 1; 1989, No. 114, § 7, eff. June 20, 1989.)
Hillerby v. Town of Colchester, 706 A.2d 446 (Vt. 1997). · cites it 8דThe Legislature first recognized sovereign immunity in 1960 when it adopted 29 V.S.A. § 1403, which waived immunity to the extent of coverage whenever the State, a county, or a municipality purchased liability insurance.”
Lomberg v. Crowley, 415 A.2d 1324 (Vt. 1980). · cites it 4דThe defendants answered by claiming, inter alia, that the action is barred by ¡Sovereign immunity, that to the extent there has been, á wáivér of sovereign immunity by the purchase of insurance coverage, 29 V.S.A. § 1403, the coverage is inadequate, and that the alleged…”
Stevenson v. Capital Fire Mut. Aid Sys., Inc., 661 A.2d 86 (Vt. 1995). · cites it 5ד29 VS.A. § 1403. On appeal, plaintiffs assert two claims: (1) the trial court improperly granted immunity by misconstruing 20 VSJL § 2990 and 29 VS.”
Orleans Vill. v. Union Mut. Fire Ins. Co., 335 A.2d 315 (Vt. 1975). · cites it 10ד29 V.S.A. § 1403. Arthur Wells obtained a judgment against Orleans Village for damages for the destruction of certain snow removal equipment.”
My Sister's Place v. City of Burlington, 433 A.2d 275 (Vt. 1981). · cites it 2ד29 V.S.A. § 1403 provides: [W]hen a municipal corporation purchases a policy of liability insurance under section 1092 of Title 24 .”
Denis Bail Bonds, Inc. v. State, 622 A.2d 495 (Vt. 1993). · cites it 2דAt the time of the events at issue in this case, an “insurance waiver” of the State’s sovereign immunity was provided by 29 V.S.A. § 1403, which stated, prior to the 1989 amendment: Notwithstanding the provisions of section 5602 of Title 12, or any other statute, when the state .”
Morway v. Trombly, 789 A.2d 965 (Vt. 2001). · cites it 2דAs a practical matter, municipalities, such as the Town of Milton in this case, purchase insurance and defend and indemnify their employees against liability for judgments based on their acts performed within the scope of their municipal duties.”
McMurphy v. State, 757 A.2d 1043 (Vt. 2000). · cites it 2דSee 29 V.S.A. § 1403. Plaintiffs do not argue that Rutland’s maintenance of the intersection is proprietary; 2 rather, plaintiffs contend that Rutland has waived immunity to the extent that it has purchased excess liability insurance, also referred to as “reinsurance.”
Gregory W. Zullo v. State of Vermont, 205 A.3d 466 (Vt. 2019). “The State relies upon the Court's pronouncement in Lomberg that "[w]hile not all legislative enactments concerning a doctrine which may have had a judicial origin will preclude its judicial abolition, there are instances in which [a] doctrine has such clear legislative…”
Gerard & Gemma Brault v. Town of Milton, 527 F.2d 730 (2d Cir. 1975). · cites it 2ד§ 4447 except to the extent that the immunity is waived by purchase of liability insurance, 29 V.S.A. § 1403. However, since the Braults’ complaint cannot be construed, even by the wildest stretch of imagination, as attacking this sovereign immunity or as claiming that the…”
Wolfe v. Yudichak, 571 A.2d 592 (Vt. 1990). · cites it 2דSee 29 V.S.A. § 1403 (purchase of insurance is waiver of sovereign immunity).”
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