Merrick v. Northwestern Mutual Life Insurance

[¶ 1] Charles R. Merrick appeals from a judgment of the Superior Court (Cumberland County, Warren, J.) awarding Northwestern $10,140 on its counterclaim alleging damages for overpayments of disability benefits on two insurance policies. Merrick contends that the court erred in its interpretation of the policies and in concluding that the rental income he derived from his rental properties was “earned income” as defined in the policies. We agree with Merrick, vacate the judgment, and remand for further proceedings.

I. BACKGROUND

[¶ 2] Merrick began receiving disability benefits pursuant to three…