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Concord General Mutual Insurance Co. v. Sumner

171 Vt. 572, 762 A.2d 849 (2000)

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Concord General Mutual Insurance Co. v. Sumner

Vermont Supreme Court
171 Vt. 572, 762 A.2d 849 (2000)

RW

Facts

One car dealer (seller) sold a car to another car dealer (buyer). The buyer’s driver paid the seller and drove the car off the seller’s lot with the understanding that the seller would transfer the car’s title certificate to the buyer within a few days. The driver was injured when the car crashed on its way to the buyer’s lot. In the ensuing litigation, insurers for the seller and buyer disputed which of them was liable for the driver’s injuries. The seller’s insurer, Acadia Insurance Company (Acadia) (defendant), based its case on Uniform Commercial Code (UCC) § 2-401(2). The buyer’s insurer, Concord General Mutual Insurance Company (Concord General) (plaintiff), based its case on Vermont’s title-certificate statute and UCC § 2-401(3). Concord General appealed the trial court’s judgment for Acadia to the Vermont Supreme Court. (Named defendant Floyd Sumner played no role in the appeal.)

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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