STATE FARM MUT. AUTO. INS. CO. v. LIBBY


655 A.2d 880 (1995)

STATE FARM MUTUAL AUTOMOBILE INS. CO. v. Thomas E. LIBBY D/B/A Twin City Florist, et al.

Supreme Judicial Court of Maine.

Decided March 9, 1995.


Attorney(s) appearing for the Case

Catherine Connors (orally) Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, for plaintiff.

Harry B. Center (orally) and Karen B. Lovell, Smith, Elliott, Smith & Garmey, Saco, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA and LIPEZ, JJ.


RUDMAN, Justice.

Philip A. Zukatis appeals from a summary judgment entered in the Superior Court (York County, Fritzsche, J.) declaring that State Farm Mutual Automobile Ins. Co. ("State Farm") has no duty to defend or indemnify Thomas Libby or Dorothea Dube for claims resulting from an automobile accident in which Zukatis was injured. Zukatis contends that Libby made a premium payment by placing a check in the mail five hours before the cancellation deadline...

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