Legal Opinion

Morin v. State Farm Fire & Casualty Co.

District Court, D. Maine

Decided September 19, 2006No. CV-05-178-B-WPublished

1Opinion of the Court

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WOODCOCK, District Judge.

Viewing the facts in the light most favorable to the Plaintiff, the insurer’s motion for summary judgment is denied, because under Maine law a “rent to buy” agreement may create a sufficient equitable interest in property to establish an insurable interest. Regarding damages under Maine’s Unfair Claims Practices statute, the Court grants the insurer’s motion, because the Plaintiff has failed to make allegations sufficient to sustain a claim under the statute and because the Plaintiff earlier waived any such claim by…

2Cases cited13 opinions

  1. Gillen v. Fallon Ambulance Service, Inc.Court of Appeals for the First Circuit · 2002
  2. Dehahn v. InnesSupreme Judicial Court of Maine · 1976
  3. Wayne v. Farm Family Mutual InsuranceSupreme Judicial Court of Maine · 1993
  4. Getchell v. Mercantile & Manufacturer's Mutual Fire InsuranceSupreme Judicial Court of Maine · 1912
  5. Ricci v. Applebee's Northeast, Inc.District Court, D. Maine · 2003

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