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Justia Daily Opinion Summaries

Vermont Supreme Court
August 29, 2020

Table of Contents

Progressive Northern Insurance Company v. Muller

Civil Procedure, Contracts, Insurance Law

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Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out.

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Vermont Supreme Court Opinions

Progressive Northern Insurance Company v. Muller

Citation: 2020 VT 76

Opinion Date: August 28, 2020

Judge: Carroll

Areas of Law: Civil Procedure, Contracts, Insurance Law

Todd and Melissa Muller appealed a superior court decision granting summary judgment to their insurer, Progressive Northern Insurance Company. The Mullers challenged the court’s conclusions on how the setoff provision of their insurance policy should have been applied when there were multiple claimants. The Vermont Supreme Court agreed with the trial court that, construing the insurance policy as a whole, the setoff provision is unambiguous: It clearly provided that Progressive was entitled to reduce “all sums . . . paid” regardless of the number of claims made.

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