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2001 Vermont Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagvt0042 and id is 1 raw text is: June 13, 2001 Kevin McLaughlin, Sheriff Chittenden County Sheriff's Department P.O. Box 1426 Re: 24 V.S.A. § 73 - Opinion Number 2001-1 Dear Sheriff McLaughlin: Pursuant to 3 V.S.A. § 159 you have requested an opinion interpreting24 V.S.A. § 73 concerning liability insurance. Specifically, you ask whether, under the circumstances set forth below, the County is obligated to pay the deductible amount under the terms of your office's liability insurance policy. In 1999 you and your department were defendants in a lawsuit filed in the United States District Court for the District of Vermont. Your involvement in this suit arose as a result of the role played by your department in so called Brady gun checks for firearm purchases made in the State of Vermont. The lawsuit was dismissed. Attorneys' fees for the defense of you and your department exceeded $12,000. You have been presented with a bill in the amount of $10,000, which represents the deductible under the liability insurance policy that has been purchased for your department. You have requested that the County reimburse your department for this deductible. The County has declined reimbursement but approves of your request for an opinion from this office. For purposes of this opinion we assume that the facts are as presented. It is the opinion of this office that the County is required to pay the deductible. 24 V.S.A. § 73 reads as follows: (a) The county shall provide the sheriff with an adequate bond, a suitable office, office equipment and supplies and adequate telephone service. The sheriff's department shall also be provided with law enforcement equipment, supplies, insurance and funds for maintaining and Digitized from Best Copy Available

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