Summary
The Vermont Superior Court denied competing motions for summary judgment concerning JTVT, LLC's third-party breach-of-contract claim against Mountain Village School. The court found genuine factual disputes regarding whether the School obtained insurance coverage required by its lease and whether the policy covered the relevant liability. The court granted the School's motion to bifurcate and stay the third-party claim until the personal injury claim and related federal insurance-coverage action are resolved.
Topics
Practice areas
Questions Presented
- Whether either party was entitled to summary judgment on JTVT's third-party claim that the School breached the lease by failing to obtain the required insurance coverage.
- Whether the third-party breach-of-contract claim should be bifurcated and stayed until resolution of Mitchell's personal-injury claim and the related federal insurance-coverage action.
Holdings
- Neither the School nor JTVT was entitled to summary judgment because genuine factual disputes remained regarding whether the Markel policy satisfied the insurance coverage required by the lease, including the scope of coverage, whether JTVT received and accepted the policy, and whether School-related acts or omissions contributed to Mitchell's injury.
- The court granted bifurcation and stayed the third-party breach-of-contract claim until the personal-injury claim and the related federal insurance-coverage action were resolved.
Key quotations
““Summary judgment is appropriate ‘if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’”” (at 4)
““The federal coverage action has been stayed pending resolution of Mariah’s personal injury claim.”” (at 6)
““Accordingly, the court will bifurcate and stay the third-party claim until the personal injury claim and the federal coverage action are resolved.”” (at 7)
Factual background
JTVT owned property in Stowe leased to Mountain Village School under a 2019 commercial lease. The lease required the School to obtain liability insurance covering specified risks and to name JTVT as an additional insured. The School obtained a Markel commercial general liability policy containing an automatic additional-insured provision, but the parties disputed whether that policy provided the broader coverage required by the lease. Mitchell, a School teacher, was injured when a tree fell on her in a common area of the property, and JTVT asserted that the School's failure to obtain adequate insurance breached the lease.
Procedural history
Mitchell filed a personal-injury action against JTVT arising from injuries caused by a falling tree on property owned by JTVT. JTVT filed a third-party complaint against the School alleging breach of the lease's insurance-procurement requirement. The School moved for summary judgment and to bifurcate and stay the third-party claim, and JTVT cross-moved for summary judgment. The court denied the competing summary-judgment motions and ordered the third-party claim bifurcated and stayed.
Remand instructions
No remand. The clerk was directed to set the case for a pretrial conference on the personal-injury claim. The third-party claim was to remain stayed and be tried separately after resolution of the personal-injury claim and the federal coverage action, absent further orders.