Beane v. Maine Insurance Guaranty Ass'n

Majority: DANA, CALKINS, LEVY, and SILVER, JJ.

Dissent: SAUFLEY, C.J., and CLIFFORD and ALEXANDER, JJ.

DANA, J.

[¶ 1] Rebecca and David Beane appeal from a judgment of the Superior Court (Kennebec County, Studstrup, J.) granting the Maine Insurance Guaranty Association’s (MIGA) motion for summary judgment. The trial court found that MIGA had no obligation to pay the Beanes anything on their medical malpractice claim because the Beanes had not exhausted the solvent insurance coverage held by one of the two physicians involved. See 24-A M.R.S. § 4443(1) (2006). The Beanes contend that the trial…