Legal Opinion
Eaton v. United America Insurance Group
District Court, D. Maine
Decided February 17, 2010No. CV-09-71-B-WPublishedCited by 1 opinion
1Opinion of the Court
AMENDED 1 ORDER ON MOTION FOR SUMMARY JUDGMENT
JOHN A. WOODCOCK, JR., Chief Judge.
In this reach and apply action, the Court concludes that the assault and battery exclusion bars a bystander claim from insurance coverage because his injuries resulted from the assault.
I. STATEMENT OF FACTS
During the evening of November 23, 2005, Zachary Eaton was standing near a door to the Finger Rock Bar inside Ushuaia, a dance bar in Orono, Maine, when the door flew open, slammed against his left hand, and broke his ring finger. Statement of Material Facts in Support ofDefs’ Mot. for Summ. J. ¶¶ 7, 14-16…
2Cases cited13 opinions
- First Financial Insurance v. BuggSupreme Court of Kansas · 1998
- Patrons-Oxford Mutual Insurance v. DodgeSupreme Judicial Court of Maine · 1981
- Winnacunnet Cooperative School District v. National Union Fire Ins.Court of Appeals for the First Circuit · 1996
- Ashe v. Enterprise Rent-A-CarSupreme Judicial Court of Maine · 2003
- Edwards v. Lexington InsuranceCourt of Appeals for the First Circuit · 2007
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Eaton v. Penn-America InsuranceCourt of Appeals for the First Circuit · 2010