Estate of Alger v. United Ohio Ins. Co.

• Docket Number: 21-CV-01859
• Decision Date: 08 November 2023
• Citation: 2023 Vt Super 110801
• Parties: Estate of James Alger by Virginia Alger, Administrator v. United Ohio Insurance Co.
• Court: Superior Court of Vermont

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2023 Vt Super 110801 Estate of James Alger by Virginia Alger, Administrator v. United Ohio Insurance Co.

No. 21-CV-01859

Superior Court of Vermont, Civil Division, Washington Unit

November 8, 2023

Title: Motion to Bifurcate (Motion: 8)

Filer: Susan J. Flynn

Filed Date: October 04, 2023

ENTRY REGARDING MOTION

Timothy B. Tomasi, Superior Court Judge

Defendant seeks to bifurcate the issue of insurance coverage from the issue of Plaintiff s damages. The motion is not opposed.

Per Vt. R. Civ. P. 42, the Court may bifurcate issues for trial. The Court's discretion in considering such a request is "broad." Gardner v. Hokenson, No. 2019-410, 2021 WL 2545407, at *5 (Vt. Feb. 5, 2021) (non-precedential 3-Justice Opinion). The Court can consider many concerns in connection with a motion to bifurcate. See 9A C. Wright, et al., Fed. Prac. & Proc. Civ. § 2388 (3d ed.). In this instance, the Court perceives that the issue of coverage is wholly separate from the question of Plaintiff s damages, information concerning the latter may well prejudice the consideration of the former, and examination of damages would also take additional time and be potentially difficult evidence for all involved.

The Court agrees with Plaintiff that bifurcating these issues is the path most "likely to result in a just and expeditious final disposition of the litigation." Gardner, 2021 WL 2545407, at *5 (internal quotation omitted); accord Mowry v. Badger State Mut. Cas. Co., 385 N.W.2d 171, 183 (Wis. 1986) (endorsing notion of separating insurance coverage and damages issues).

Electronically signed on Wednesday, November 8, 2023, per V.R.E.F. 9(d).