Windsor
In a July 16 summary judgment, Judge Geoffrey W. Crawford with the U.S. District Court in Burlington ruled in favor of Linda West’s claim that Seldon’s former insurance company is responsible for covering a prior jury trial award of $400,000 in damages stemming from her 2013 lawsuit against the company.
West, of Plainfield, worked at Seldon from 2003 to 2013.
The 2016 Woodstock jury trial award for damages followed an earlier default judgment entered against Seldon.
But despite the jury trial victory, West still faced uncertainty in being able to collect the award because Seldon had shut down and its assets were auctioned off, leaving no surviving entity to pay out the money.
So West and her attorney, Norman Watts of Woodstock, sued Seldon’s former liability carrier, Carolina Casualty Insurance Co., claiming that because Seldon’s liability policy with Carolina was in effect at the time of West’s termination, responsibility for paying the award fell to the carrier.
Seldon had discharged Carolina of any liability in regard to West’s lawsuit after it had fired West and she had filed her lawsuit, but before the company’s board authorized liquidation of its assets in 2015.
The question before the court was whether, despite cancellation of the liability policy, the carrier still had a responsibility to pay the claim. Crawford ruled that it did.
“Judge Crawford’s decision clarifies the Vermont statute and will result in fairness to people who have liability insurance coverage, as in this case, where Linda West was covered by her employer’s policy but the employer and its carrier attempted to avoid coverage for her employment claims,” Watts said. “It is a good decision for all Vermonters.”
Anthony Zelle, an attorney for Jacksonville, Fla.-based Carolina Casualty, said his client is currently weighing whether to appeal Crawford’s decision to the 2nd Circuit Court of Appeals in New York. A notice of appeal must be filed within 30 days of the judgment being entered by the court.
In his eight-page opinion, Crawford acknowledged that case law and legislation in Vermont do not clearly address the issues in the lawsuit, but he cited a federal circuit case that concluded courts are empowered to “carefully … predict” how a state’s highest court would “resolve the uncertainty and ambiguity” in such a deliberation.
Crawford then walked through no fewer than seven federal and state court cases in addition to “insurance treatises” that deal with the right of third parties to oppose cancellation of coverage for their claims.
“Case law demonstrates that the policy disfavoring cancellation of policies has long been recognized by the courts,” Crawford wrote, further noting that the “inauspicious history of the case” also weakened Seldon’s case.
“Seldon discharged its chosen counsel and allowed the case to fall into default. It succeeded in surrendering its coverage and hiring attorneys whom it terminated without replacement. These are hardly ‘interests’ which outweigh or offset to any meaningful extent the complete forfeiture of West’s ability to recover compensation for the harm the jury determined she experienced,” he concluded.
$134 Million for Champlain Oil’s Jiffy Marts in Vermont
Global Partners, the Massachusetts convenience store and gas stations giant that is making a big push into the Upper Valley, has disclosed it paid $134 million for the 37 Jiffy Mart stores and stations and other assets owned by South Burlington-based Champlain Oil Co.
As previously reported, Global Partners reached a deal in May to acquire Champlain’s Jiffy Mart stores and pumps — many of which are located in the Upper Valley — along with 24 fuel sites owned or leased by Champlain and fuel supply agreements for another 65 gas stations, mostly in Vermont and New Hampshire.
The purchase price was announced as part of the transaction closing last Wednesday.
Global Partners is also in the process of acquiring 10 gas stations and T-Bird Mini Mart stores from Keene, N.H.-based Cheshire Oil Co. That deal is expected to close in the third quarter. No purchase price has been disclosed.
Canaan Hardware & Supply Named Best in New Hampshire
Robin Dow Parker is the fifth generation in her family to run Canaan Hardware & Supply, the Canaan hardware store founded by her great-great-grandfather in 1923.
Now, approaching 100 years in business, the store across from the gazebo on the village green has achieved a first: Canaan Hardware has been named one of the 100 best hardware stores in the country in a 50-state list selected by trade magazine Hardware + Building Supply Dealer.
The distinction is definitely something to brag about: There are more than 20,000 hardware stores in the U.S., according to market research firm IBISWorld.
“We work hard to be the go-to place in our community by carrying things you might not expect in a hardware store, like maple sugaring and canning supplies,” said Parker.
She explained the 6,000-square-foot store has combated the big box chains and online shopping by expanding into sporting goods, hunting and fishing, pet supplies, a propane filling station and a new 800-square-foot glass and screen door section that she added when a local glass business closed.
“We also hatch chicks here in the spring, which is so much fun,” Parker said.
HBS Dealer said it drew up its list of 100 top hardware stores by weighing nominees via feedback from suppliers and customers. The annual honor roll, which is sponsored by chainsaw maker Stihl, recognizes “high-performing, community minded-service oriented businesses,” the magazine said.
Robin Parker and her husband, Colin Parker, bought the Canaan hardware store from Robin’s father, John Dow, in 2011 after Robin served in the Air Force as a mechanic working on jet turbine engines and hydraulic systems. The 2001 Mascoma Valley Regional High School graduate said she originally “had no interest in taking over the store” but “things change,” she laughed. “I love being part of the community.”
Canaan Hardware draws customers from Enfield, Grafton, Dorchester, Orange and “seasonal people getting houses here, now that living in the country is a cool thing,” Parker said.
The Parkers have two children, ages 6 and 4, but Robin Parker said it’s a little too soon to begin thinking about the sixth generation to take on the family business.
“It would be great but I just want them to be happy,” Parker said. “It’s hard, but I don’t want to pressure them.”
Submissions may be sent by email to: biznotes@vnews.com (high-resolution photographs may be attached in .jpg format). Items edited for clarity and space.
