Legal Opinion · Dissent

Acadia Insurance v. Vermont Mutual Insurance

Supreme Judicial Court of Maine

Decided September 23, 2004Published

1Dissent

RUDMAN, J.,

with whom ALEXANDER, J., joins, dissenting.

[¶ 10] I respectfully dissent.

[¶ 11] The Vermont Mutual homeowner’s policy contains the following exclusion:

2. Coverage E — Personal Liability and Coverage F — Medical Payments to Others do not apply to “bodily injury” or “property damage”:

b. Arising out of or in connection with a “business” engaged in by an “insured.” This exclusion applies but is not limited to an act or omission, regardless of its nature or circumstance, involving a service or duty rendered, promised, owed or implied to be provided because of the nature of the…

2Cases cited7 opinions

  1. American Protection Insurance v. Acadia Insurance Co.Supreme Judicial Court of Maine · 2003
  2. North Carolina Farm Bureau Mutual Insurance v. StoxSupreme Court of North Carolina · 1992
  3. Metropolitan Property & Casualty Insurance v. Fitchburg Mutual InsuranceMassachusetts Appeals Court · 2003
  4. Gross v. Green Mountain InsuranceSupreme Judicial Court of Maine · 1986
  5. Smith v. Sears, Roebuck & Co.West Virginia Supreme Court · 1994

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