City of South Portland v. Maine Municipal Ass'n

[¶ 1] The City of South Portland appeals from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.), in favor of the Maine Municipal Association (MMA). The court entered summary judgment after concluding that MMA had no duty under the policy it issued to the City to indemnify the City for a judgment the City had paid to Joseph Frustaci pursuant to 28 M.R.S. § 3029 (2007), for damages resulting from the City’s discontinuance of two public roads that abutted Frustaci’s property. Because we conclude that the policy exclusion relied on by MMA to deny indemnification does…