Metropolitan Property & Casualty Insurance v. McCarthy
Court of Appeals for the First Circuit
1Opinion of the Court
■LIPEZ, Circuit Judge.
In this declaratory judgment action, the district ' court ruled that Metropolitan Property and Casualty Insurance Company has a duty to' defend its insured, Glynis Dixon McCormack, in a lawsuit alleging that McCormack’s ward sexually and physically abused a younger boy. The court rejected Metropolitan’s assertion that the governing policy excludes coverage for such abuse, concluding that the facts alleged in the underlying complaint leave open the possibility .that some of the alleged conduct fell outside the policy’s exclusions. Having reviewed the complaint and policy…
2Cases cited6 opinions
- Elliott v. Hanover Insurance Co.Supreme Judicial Court of Maine · 1998
- Foremost Insurance Co. v. LevesqueSupreme Judicial Court of Maine · 2005
- Mitchell v. Allstate Insurance Co.Supreme Judicial Court of Maine · 2011
- Jipson v. Liberty Mutual Fire InsuranceSupreme Judicial Court of Maine · 2008
- Peerless Insurance Co. v. WoodSupreme Judicial Court of Maine · 1996
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lyman Morse Boatbuilding, Inc. v. Northern Assurance Co. of AmericaCourt of Appeals for the First Circuit · 2014
- Metropolitan Property and Casualty Insurance Company v. Susan McCarthySupreme Judicial Court of Maine · 2024