Michael Fortin v. Jacob Titcomb

Majority: SAUFLEY, C.J, and LEVY, SILVER, MEAD, and GORMAN, JJ.

Dissent: JABAR, J.

GORMAN, J.

[¶ 1] Pursuant to 4 M.R.S. § 57 (2012) and M.RApp. P. 25, the United States Court of Appeals for the First Circuit (Li-pez, J.) has certified two questions of state law for our review: (1) “Where an insurance policy is available to cover a judgment against a government employee sued in his personal capacity, is the applicable limit on the award of damages set by [14 M.R.S.] § 8104-D ($10,000) or by the combination of [14 M.R.S.] §§ 8105(1) and 8116 ($400,000 or the policy limit)?” and (2) “In light of…