Claire Dean Perry v. William T. Dean Jr.

[¶ 1] The Department of Health and Human Services appeals from an order entered in the Business and Consumer Docket (Horton, J.) denying its motions for summary judgment. The Department argues that the court erred in holding that the Maine Probate Code contains an express waiver of sovereign immunity from tort claims and thus the Department may be liable for a breach of fiduciary duty when acting as a public conservator. Because the Probate Code does not expressly waive sovereign immunity and the record reflects that the Department did not waive immunity by obtaining liability insurance, we…