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HARTFORD FIRE INS. CO. v. MERRIMACK MUT.

457 A.2d 410 (1983)

HARTFORD FIRE INSURANCE COMPANY v. MERRIMACK MUTUAL FIRE INSURANCE CO.

Supreme Judicial Court of Maine.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Norman & Hanson, James D. Poliquin (orally), Portland, for plaintiff.

Hewes, Culley, Feehan & Beals, Martica F. Sawin (orally), Portland, for defendant.

Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER and VIOLETTE, JJ.

GODFREY, Justice.

This is an appeal by the plaintiff Hartford Fire Insurance Company ("Hartford") from a grant of summary judgment by the Superior Court for the defendant Merrimack Mutual Fire Insurance Company ("Merrimack"). We vacate the judgment.

On November 15, 1977, Merrimack issued a fire insurance policy for a three-year term to James and Loree Stewart as owners of a house and barn located in East Windham. The policy contained a standard mortgage clause...

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