Penney v. Capitol City Transfer, Inc.

WATHEN, Chief Justice.

[¶ 1] Third party plaintiff Capitol City Transfer, Inc. appeals from a summary judgment entered in its third-party action against its title insurer, First American Title Ins. Co. The Superior Court (Kennebec County, Mar-den, J.) ruled that First American had no duty to defend an action brought against it by a third party. Because the court erred in considering evidence beyond the pleadings, we vacate the judgment.

[¶ 2] The facts as developed for purposes of the summary judgment may be summarized as follows: Albert and Linda Penney, plaintiffs in the underlying action,…