Legal Opinion

City of South Portland v. Maine Municipal Association Property & Casualty Pool

Supreme Judicial Court of Maine

Decided March 28, 2017No. Docket: Cum-16-105PublishedCited by 2 opinions

1Opinion of the CourtHumphrey, J.

[¶ 1] The City of South Portland and its Code Enforcement Officer Patricia Dou-cette appeal from a summary judgment entered in the Superior Court (Cumberland County, L. Walker, J.). The court concluded that the Maine Municipal Association Property & Casualty Pool had no duty to defend the City of South Portland and Doucette in a federal lawsuit challenging an ordinance. We agree that the Pool had no duty to defend, not because, as the court concluded, the complaint requested only nonmonetary relief, but rather because any potential damages would be excluded from coverage. We accordingly…

2Cases cited14 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Carey v. PiphusSupreme Court of the United States · 1978
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Travelers Indemnity Co. v. DingwellSupreme Judicial Court of Maine · 1980
  5. Patrons Oxford Insurance v. HarrisSupreme Judicial Court of Maine · 2006

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3Cited by2 opinions

  1. Medical Mutual Insurance Co. v. BurkaCourt of Appeals for the First Circuit · 2018
  2. SEBAGO LAND DEVELOPERS INC v. CRUM & FORSTER SPECIALTY INSURANCE COMPANYDistrict Court, D. Maine · 2024

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