ALPS Property & Casualty Insurance Company v. Unsworth LaPlante PLLC

Opinion

DISTRICT OF □□□□□□□ FILED UNITED STATES DISTRICT COURT FOR THE 2020 NOV 30 PM 2:20 DISTRICT OF VERMONT ene ALPS PROPERTY AND CASUALTY ) RY Unw/ INSURANCE COMPANY, ) AERTY CLERK ) Plaintiff, ) ) Vv. ) Case No. 5:20-cv-101 ) UNSWORTH LAPLANTE PLLC, and ) SETH SHERMAN, Individually and as ) Executor of the Estate of Constance ) Sherman, ) ) Defendants. ) ORDER ON POTENTIAL CERTIFICATION The court proposes to certify the following question to the Vermont Supreme Court pursuant to V.R.A.P. 14(a): “Does the notice-prejudice rule as stated in Cooperative Fire Insurance Association of Vermont v. White Caps, Inc., 166 Vt. 355, 694 A.2d 34 (1997), apply to claims-made policies in addition to occurrence policies?” The court allows the parties until December 15, 2020 to submit any objection or other response. A draft order is attached. The court would appreciate hearing whether the parties have any objection to dividing the responsibility for the fees required by V.R.A.P. 3(b)(1) on the following basis: 50% to ALPS, 50% to the Unsworth LaPlante th firm. Dated at Burlington, in the District of Vermont, this 20h of November, 2020. 2) Geoffrey W. Crawford, Chief Judge United States District Court