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UTICA MUT. INS. CO. v. ST. PAUL FIRE

468 A.2d 315 (1983)

UTICA MUTUAL INSURANCE CO. v. ST. PAUL FIRE & MARINE INSURANCE CO.

Supreme Judicial Court of Maine.

Decided December 6, 1983.

Attorney(s) appearing for the Case

Edward Hudon (orally), Brunswick, Merle C. Rideout, Jr., Portland, for plaintiff.

Preti, Flaherty & Beliveau, Jonathan S. Piper (orally), John J. Flaherty, Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and GLASSMAN, JJ.

VIOLETTE, Justice.

The Utica Mutual Insurance Co. (Utica) brought suit in the Superior Court, Cumberland County, against the St. Paul Fire & Maine Insurance Co. (St. Paul), seeking restitution, indemnification, and a declaratory judgment in connection with an insurance claim paid by Utica but allegedly owed by St. Paul. Based on the pleadings and the deposition testimony of two witnesses, each party moved for summary judgment. The court issued an order and decision...

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