Wallingford v. Butcher

ROBERTS, Justice.

Richard Wallingford commenced an action in the Superior Court, Somerset County, against “Lloyds London” seeking $5,000 indemnity for the death of a horse named Ruben, which he alleged was insured by the defendant. The answer initially sought a dismissal on the grounds that there was no such entity as “Lloyds London” but later by stipulation the parties agreed to substitute the named defendant, James Butcher. After the entry of summary judgment in favor of the defendant, pursuant to M.R. Civ.P. 56, the plaintiff appealed. We vacate the judgment.

The Superior Court correctly…