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CONCORD GENERAL MUT. INS. CO. v. HALE

Civil No. 96-135-P-H.

952 F.Supp. 31 (1997)

CONCORD GENERAL MUTUAL INSURANCE COMPANY, Plaintiffs, v. Robert HALE and Jennifer Shoemaker, Defendants.

United States District Court, D. Maine.

February 3, 1997.

Attorney(s) appearing for the Case

John S. Whitman, Richardson Whitman Large & Badger, Portland, ME, for Plaintiff.

Charles H. Abbott, Stephen B. Wade, Skelton, Taintor & Abbott, Auburn, ME, for Robert Hale, Defendant.

William A. Fogel, Daniel G. Lilley Law Offices, P.A., Portland, ME, for Jennifer Shoemaker, Defendant.

ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

In this diversity action, an insurance carrier seeks a declaratory judgment that a homeowner's insurance policy does not protect the 55-year-old insured in a lawsuit accusing him of assault and battery and intentional infliction of emotional distress through coerced sexual activity with a sixteen-year-old.1 The policy at issue contains an exclusion for "bodily...

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