Legal Opinion · Dissent

Estate of Michael Lewis v. Concord General Mutual Insurance Company

Supreme Judicial Court of Maine

Decided March 4, 2014No. Docket Han-13-265Published

1Dissent

ALEXANDER, J.,

with whom MEAD, J., joins, dissenting.

[¶ 20] The Court’s opinion competently discusses the principles of law incident to resolution of a matter on summary judgment. However, in suggesting that the claims by the Estate create a dispute as to material fact that what happened here only constituted “preliminary negotiations” and not a final sale and transfer of ownership, the Court minimizes undisputed facts that establish, as a matter of law, that the transaction at issue here was a final sale and transfer of ownership. By minimizing the undisputed facts, the Court alters our law…

2Cases cited4 opinions

  1. Zamore v. WhittenSupreme Judicial Court of Maine · 1978
  2. Bahre v. PearlSupreme Judicial Court of Maine · 1991
  3. Ford v. HowgateSupreme Judicial Court of Maine · 1910
  4. Bell v. Red Ball Potato Co., Inc.Supreme Judicial Court of Maine · 1981

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