Legal Opinion
Middlesex Mutual Assurance Co. v. Fish
District Court, D. Maine
Decided August 24, 2010No. CV-09-375-B-WPublishedCited by 9 opinions
1Opinion of the Court
ORDER AFFIRMING THE RECOMMENDED DECISION
JOHN A. WOODCOCK, JR., Chief Judge.
This case is an example of the occasionally counterintuitive world of insurance contract law. To secure insurance coverage, the injured party, Dorothy M. Fish, argues that the tortfeasor was not an insured and therefore Middlesex Mutual Assurance Company (Middlesex) must cover her injuries, and to avoid indemnifying Ms. Fish, Middlesex argues that the tortfeasor was an insured and therefore it provided no coverage. The Court concludes that the tortfeasor was not an insured but that coverage is still precluded under the…
2Cases cited38 opinions
- School Union No. 37 v. United National InsuranceCourt of Appeals for the First Circuit · 2010
- Merchants Insurance Co. of New Hampshire, Inc. v. United States Fidelity & Guaranty Co.Court of Appeals for the First Circuit · 1998
- ATC Realty, LLC v. Town of KingstonCourt of Appeals for the First Circuit · 2002
- Peerless Insurance Co. v. BrennonSupreme Judicial Court of Maine · 1989
- Mortgage Electronic Registration Systems, Inc. v. SaundersSupreme Judicial Court of Maine · 2010
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3Cited by9 opinions
- Ruksznis v. Argonaut Insurance CompanyCourt of Appeals for the First Circuit · 2014
- Hartford Casualty Insurance v. EwanDistrict Court, W.D. Tennessee · 2012
- ACADIA INSURANCE CO. v. CunninghamDistrict Court, D. Massachusetts · 2011
- AMERICAN FIRE AND CASUALTY COMPANY v. PETTEGROWDistrict Court, D. Maine · 2021
- COOK v. USAA CASUALTY INSURANCE COMPANYDistrict Court, D. Maine · 2020
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