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YORK INS. GROUP OF MAINE v. VAN HALL

704 A.2d 366 (1997)

1997 ME 230

YORK INSURANCE GROUP OF MAINE v. Carol VAN HALL.

Supreme Judicial Court of Maine.

Decided December 12, 1997.

Attorney(s) appearing for the Case

Noah D. Wuesthoff (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for plaintiff.

Joseph L. Ferris (orally), Ferris, Dearborn & Willey, Brewer, for defendant.

Paul F. Macri, Berman & Simmons, P.A., Lewiston, for amici curiae Mary Tremblay.

Laurence H. Leavitt, Freidman, Babcock & Gaythwaite, Portland, for amici curiae Middlesex Mutual Assurance Co.

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

DANA, Justice.

[¶ 1] Carol Van Hall appeals from a summary judgment entered in the Superior Court (Cumberland County, Brennan, J.) in favor of York Insurance Group of Maine contending that the trial court erred when it determined as a matter of law that she was not entitled to deduct a proportionate share of her attorney fees from the funds due to York pursuant to the subrogation clause of her automobile insurance policy. We agree and vacate the judgment...

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