Trinder v. Conn. Attorneys Title Ins. Co., No. 681-9-08 Rdcv (Cohen, J., Sept. 1, 2010)
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STATE OF VERMONT
SUPERIOR COURT CIVIL DIVISION
Rutland Unit Docket No. 681-9-08 Rdcv
KENNETH G. TRINDER and
LARISSA F. TRINDER,
Plaintiffs
v.
CONNECTICUT ATTORNEYS
TITLE INSURANCE COMPANY,
Defendant
ORDER RE: DEFENDANT’S MOTION FOR COSTS
This is a title-insurance-coverage dispute concerning Kenneth and Larissa
Trinder’s septic tank and leach field placement. A bench trial was held on December 21,
2009, and the Court issued Findings of Fact, Conclusion of Law, and an Order on June 7,
2010.
The Trinders sought to have the defendant, Connecticut Attorney Title Insurance
Company, defend or indemnify them for the costs of an action against the Mount Holly
Community Historical Museum, the Trinder’s neighbor. The Court found that the
defendant had no duty to defend or indemnify the Trinders under the terms of the
insurance contract because the Trinders were never forced to remove their septic tank
(they actually replaced it in the same location) and their title never became unmarketable.
Furthermore, the Mount Holly Community Historical Museum never made any claim or
counterclaim against the Trinders regarding the location of the septic tank.
The defendant now seeks to recover the following costs:
(1) Mediation – mediator’s bill (1/3 of total charges) $706.80
(2) Deposition stenographer appearance fee and $554.55
transcript fee – depositions of Kenneth and
Larissa Trinder (12/7/09 depositions – O’Brien
Reporting Services, Inc.)
(3) Deposition stenographer appearance fee and $311.55
transcript fee – deposition of Cynthia Amler
(12/10/09 deposition – Court Reporters Associates)
The taxing of costs in the taking of depositions shall be subject to the discretion of
the court and no costs shall be allowed unless the court finds that the taking of the
deposition was reasonably necessary. V.R.C.P. 54(g). Here, the depositions were
reasonably necessary and the defendant shall recover costs for them.
Under V.R.C.P. 16.3(e)(1)(C), if alternative dispute resolution does not result in
settlement or other final disposition of the action, payments made to a neutral may be
taxed as costs to the prevailing party in the discretion of the court. The Court finds that
the mediation cost was a shared cost among the parties and the defendant may not
recover it.
ORDER
(1) The defendant Connecticut Attorney Title Insurance Company’s Motion for
Costs, filed July 12, 2010, is GRANTED in part.
(2) The defendant shall recover the costs of the depositions, totaling $866.10.
Dated at Rutland, Vermont this _____ day of ________________, 2010.
____________________
Hon. William Cohen
Superior Court Judge
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