ASSOC. HOSP. SER. v. MAINE BONDING & CAS.


476 A.2d 189 (1984)

ASSOCIATED HOSPITAL SERVICE OF MAINE v. MAINE BONDING & CASUALTY CO.

Supreme Judicial Court of Maine.

Decided May 31, 1984.


Attorney(s) appearing for the Case

Verrill & Dana, Andrew M. Horton (orally), Paul F. Driscoll, Portland, for plaintiff.

Norman & Hanson, James D. Poliquin (orally), Stephen Hessert, Portland, for defendant.

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


SCOLNIK, Justice.

The defendant, Maine Bonding & Casualty Co. (Maine Bonding), appeals from a judgment for $7,783.89 entered in favor of the plaintiff, Associated Hospital Service of Maine (Blue Cross), in an equitable subrogation action in the Superior Court (Cumberland County). We reverse the judgment.

The facts are undisputed. On July 2, 1978, Terrance Caron, a member-subscriber of Blue Cross, was bitten by a dog owned by his neighbor, William Nadeau...

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