The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003
:
FORMAL PROCEEDINGS
(Cite as: 8 V.S.A. § 7079)
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§ 7079. Claims of surety
Whenever a creditor whose claim against an insurer is secured, in whole or in part,
by the undertaking of another person, fails to prove and file that claim, the other
person may do so in the creditor’s name, and shall be subrogated to the rights of
the creditor, whether the claim has been filed by the creditor or by the other person
in the creditor’s name, to the extent that he or she discharges the undertaking.
In the absence of an agreement with the creditor to the contrary, the other person
shall not be entitled to any distribution, until the amount paid to the creditor on
the undertaking plus the distributions paid on the claim from the insurer’s estate
to the creditor equals the amount of the entire claim of the creditor. Any excess
received by the creditor shall be held by him or her in trust for such other person.
The term “other person,” as used in this section, does not apply to a guaranty association
or foreign guaranty association. (Added 1991, No. 45, § 2, eff. May 29, 1991.)