Hamelin v. Simpson Paper (Vermont) Co.

702 A.2d 86, 167 Vt. 17, 1997 Vt. LEXIS 184
CourtSupreme Court of Vermont
DecidedAugust 1, 1997
Docket96-028
StatusPublished
Cited by36 cases

This text of 702 A.2d 86 (Hamelin v. Simpson Paper (Vermont) Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamelin v. Simpson Paper (Vermont) Co., 702 A.2d 86, 167 Vt. 17, 1997 Vt. LEXIS 184 (Vt. 1997).

Opinions

Johnson, J.

Simpson Paper Company (Simpson) appeals an order of the Essex Superior Court granting summary judgment in favor of Vescom Corp. (Vescom) and National Union Fire Insurance Co. (National Union). Simpson contends the court erred in ruling that Vescom is not required to indemnify Simpson for damages paid to an injured Vescom security guard and that National Union is not required to indemnify or defend Simpson under Vescom’s insurance policy. We conclude that the contract between Vescom and Simpson requires Vescom to indemnify Simpson under these circumstances and, accordingly, reverse.

The' events leading to the suit were stipulated to by the parties. In January 1992, Vescom and Simpson entered a contract in which Vescom agreed to provide security services at Simpson’s plant in Gilman,.Vermont. In July 1992, Robert Hamelin, a Vescom security guard, was injured at the Simpson facility. As Hamelin was making his rounds, he stepped on a wooden stair that gave way. He received workers’ compensation benefits through Vescom, and then filed suit in Essex Superior Court against Simpson. Hamelin claimed his injuries were caused by Simpson’s negligent failure to inspect, maintain, and repair the stairway.

Simpson, in turn, brought a third-party action against Vescom and National Union. It claimed that Vescom was required to indemnify Simpson under the contract, even if the damages were the result of Simpson’s own negligence. Simpson also alleged that National Union was obligated to defend and indemnify Simpson, because Vescom’s insurance policy with National Union named Simpson as an additional insured.

[19]*19The parties settled Hamelin’s claim by stipulation, leaving the claims between Simpson, Vescom, and National Union to be resolved by the court. In return for a general release, Hamelin and the workers’ compensation carrier received $55,000, paid equally by National Union and Simpson’s insurance carrier. All parties agreed the settlement was not a concession on the merits, and each insurance carrier agreed to compensate the other depending on the outcome of the litigation. Simpson and Vescom/National Union then filed cross-motions for summary judgment. In November 1995, the trial court denied Simpson’s summary judgment motion and granted Vescom’s and National Union’s. This appeal followed.

When reviewing a grant of summary judgment, this Court examines the record to determine independently whether it supports the conclusion that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. V.R.C.E 56(c)(3); see also Security Pac. Nat’l Trust Co. v. Reid, 615 A.2d 241, 243 (Me. 1992). In this dispute over parties’ contractual obligations, the record consists primarily of the contract itself. We interpret the indemnification provisions of this document as we do all contract provisions — to give effect to the intent of the parties as that intent is expressed in their writing. See Ejnes v. Carinthia Trailside Assocs., 153 Vt. 355, 359 n.3, 571 A.2d 49, 52 n.3 (1989). When the contract language is clear, the intent of the parties is taken to be what the agreement declares. Karlen Communications, Inc. v. Mt. Mansfield Television, Inc., 139 Vt. 615, 617, 433 A.2d 290, 292 (1981).

In support of its claim, Simpson relies on § 2(g) of the contract.

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Bluebook (online)
702 A.2d 86, 167 Vt. 17, 1997 Vt. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamelin-v-simpson-paper-vermont-co-vt-1997.