Michaud v. Mutual Fire, Marine & Inland Insurance Co.

WATHEN, Justice.

Defendant Mutual Fire, Marine & Inland Insurance Company (Mutual) appeals from a money judgment awarded by the Superi- or Court (Kennebec County) to plaintiff Clarence B. Michaud. Michaud sued Mutual pursuant to Maine’s reach and apply statute, 24-A M.R.S.A. § 2904 (1974), seeking insurance proceeds to satisfy a judgment recovered against Mutual's insured, Dr. Frederick Allen. On appeal, Mutual contends that the Superior Court erred by ruling that Mutual’s asserted defense of lack of cooperation by its insured is not available in reach and apply actions. Alternatively, Mutual…