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YORK MUT. INS. CO. OF MAINE v. MOOERS

415 A.2d 564 (1980)

YORK MUTUAL INSURANCE COMPANY OF MAINE v. Roger W. MOOERS and Jean Mooers and Mabel Mooers and Tammy Lynn Grover and Bertha A. Dunlap, individually, and as Tammy Lynn Grover's mother and next friend, and Kenneth Richards.

Supreme Judicial Court of Maine.

Decided June 4, 1980.

Attorney(s) appearing for the Case

Amerling & Burns, W. John Amerling, George F. Burns (orally), Portland, for plaintiff.

Richard Valentino, Saco, Lawrence P. Mahoney, Portland (orally), for Mooers.

Smith, Elliott, Wood & Nelson, P. A., Stephen R. Lamson, Saco (orally), for Tammy Grover & Bertha Dunlap.

Norman & Hanson, Theodore H. Kirchner, Portland (orally) for K. Richards.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ.

PER CURIAM.

York Mutual Insurance Company of Maine (York) had issued a "homeowner's" insurance policy to Roger Mooers and his wife, Jean Mooers. Thereafter, while Mabel Mooers, Roger's mother, was visiting at the home of her son-in-law, Kenneth Richards, in Lyman, five-year-old Tammy Lynn Grover, who was playing on or near the Richards' property, was bitten by Mabel's dog. Subsequently, the mother of the child, Bertha Dunlap, brought a negligence action on the child...

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