Concord General Mutual Insurance v. Labbe

ARCHIBALD, Justice.

A District Court judge ordered judgment in favor of Concord General Mutual Insurance Company (Concord) in its subrogation action for property damage arising out of a motor vehicle collision between its insured and the defendant. Following a Superior Court justice’s affirmance of that judgment on appeal (Rule 73(a), M.R.D.C.Civ.P.), the defendant appealed to the Law Court on the theory that the District Court judge had abused his discretion in refusing to grant a continuance and in ordering the judgment.

We sustain the appeal.

Concord’s cause of action arose out of an…