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AM. POLICYHOLDERS' INS. CO. v. CUMBERLAND COLD STOR.

373 A.2d 247 (1977)

AMERICAN POLICYHOLDERS' INSURANCE COMPANY v. CUMBERLAND COLD STORAGE COMPANY et al.

Supreme Judicial Court of Maine.

May 18, 1977.

Attorney(s) appearing for the Case

Lowry, Platt, Fitzhenry, Lunt & Givertz by Robert D. Platt, Donald G. Lowry, Portland, for plaintiff.

Richardson, Hildreth, Tyler & Troubh by Ronald Russell, Harrison Richardson, Portland, Reef & Mooers by Daniel W. Mooers, Portland, for George I. Lewis.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.

DELAHANTY, Justice.

This is an action for declaratory relief brought by American Policyholders' Insurance Company (American). The case is before us on American's appeal from the granting of summary judgment for defendant George I. Lewis (Lewis).

We deny the appeal and affirm the judgment of the Superior Court as modified pursuant to our discussion below.

On October 25, 1973, a fire occurred in a Portland cold storage warehouse owned by Pine State Beef...

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