Utica Mutual Insurance v. St. Paul Fire & Marine Insurance

WATHEN, .Justice.

The plaintiff, Utica Mutual Insurance Company, appeals from a judgment of the Superior Court (Cumberland County) denying its claim against St. Paul Fire and Marine Insurance Company. Plaintiff contends that the Superior Court erred in finding no implied contract of insurance between St. Paul and plaintiff’s assignors, Leo and Georgette Fortier. We sustain the appeal and order entry of judgment for the plaintiff.

I

From 1966 to March 18, 1980, defendant’s authorized agent, David L. Pence, issued a fire insurance policy with St. Paul to the Fortiers for a building containing…