ALLSTATE INS. CO. v. ELWELL


513 A.2d 269 (1986)

ALLSTATE INSURANCE COMPANY v. Alan ELWELL and Ellen Smith Demont.

Supreme Judicial Court of Maine.

Decided July 23, 1986.


Attorney(s) appearing for the Case

Hewes, Beals & Douglas, James B. Haines, Jr. (orally), Portland, for plaintiff.

Berman, Simmons & Goldberg, P.A, Thomas J. Valvano (orally), William D. Robitzek, Lewiston, for defendant.

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


SCOLNIK, Justice.

The plaintiff, Allstate Insurance Company (Allstate), commenced this declaratory judgment action in the Superior Court (Cumberland County) pursuant to 14 M.R. S.A. §§ 5951-5963 (1980) seeking a declaration of its rights and obligations under an automobile liability insurance policy issued by Allstate to the defendant, Alan Elwell. The policy contains a so-called family exclusion that excludes from the insured's liability coverage "bodily...

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