Ray v. Blue Alliance Mutual Insurance

I respectfully dissent.

We review directly the decision of the District Court, here sitting as the Small Claims Court. Cf. City of Portland v. Gemini Concerts, Inc., 481 A.2d 180, 181 (Me.1984). Because I cannot conclude on this record that the District Court misapplied the law,1 I would vacate the Superior Court’s decision and reinstate the judgment in favor of the Rays.

The Small Claims Court was obligated to construe the terms of the insurance policy as a matter of law, and to construe any ambiguities strictly against the insurer. See Baybutt Constr. Co. v. Commercial Union Ins. Co., 455…