McCAIN FOODS, INC. v. GERARD


489 A.2d 503 (1985)

McCAIN FOODS, INC. v. Kempton GERARD and Diane Gerard.

Supreme Judicial Court of Maine.

Decided March 25, 1985.


Attorney(s) appearing for the Case

Rudman & Winchell, Frank T. McGuire (orally), Robert E. Stucliffe, Bangor, for plaintiff.

Solman, Page & Hunter, P.A., Richard N. Solman (orally), Richard D. Solman, Caribou, for defendant.

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


ROBERTS, Justice.

On January 10, 1981, Diane Gerard was injured in a motor vehicle accident. Diane's husband, Kempton Gerard, was then a full-time employee of McCain Foods, Inc. Diane was covered under the family coverage provision of McCain's employee group medical plan for which Kempton paid a small fee. Under this plan, McCain paid $20,569.02 for Diane Gerard's medical expenses. The plan contained no subrogation clause.

On January 19, 1983, Diane Gerard...

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