City of Burlington v. National Union Fire Insurance Company

Summary

The Vermont Supreme Court affirmed the trial court’s grant of summary judgment to National Union Fire Insurance Co., holding that the five counts in the Moffatt action were breach‑of‑contract claims and therefore did not constitute an “occurrence” or “accident” under the insurer’s liability policy. Because no occurrence was alleged, NUFI had no duty to defend Burlington, and the insurer was not required to indemnify the city’s defense and settlement costs.