United States Second Circuit

Under Vt. Stat. Ann. tit. 21, section 624(e)(2003), an insurer has no right to reimbursement of first party underinsured motorist insurance proceeds unless and until the injured worker has received compensation in excess of the total damages sustained.

Appellate Information

• Decided 06/20/2005
• Published 06/20/2005

Judges

• SOTOMAYOR, Circuit Judge., Before:  MINER, SOTOMAYOR and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrew W. Goodger, Kiel Ellis & Boxer, Springfield, VT (Andrew C. Boxer, on the brief), for plaintiff-appellant.


• For Appellees:
  
• Steven P. Robinson, Diamond & Robinson, Montpelier, VT, for defendant-appellee.