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PENNEY v. CAPITOL CITY TRANSFER, INC.

707 A.2d 387 (1998)

1998 ME 44

Albert and Linda PENNEY v. CAPITOL CITY TRANSFER, INC., et al. v. FIRST AMERICAN TITLE INS. CO.

Supreme Judicial Court of Maine.

Decided March 4, 1998.

Attorney(s) appearing for the Case

Raymond C. Hurley (orally), Hurley & Mina, Portland, for appellant.

John B. Emory (orally), Drummond & Drummond, L.L.P., Portland, for appellee.

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

WATHEN, Chief Justice.

[¶ 1] Third party plaintiff Capitol City Transfer, Inc. appeals from a summary judgment entered in its third-party action against its title insurer, First American Title Ins. Co. The Superior Court (Kennebec County, Marden, J.) ruled that First American had no duty to defend an action brought against it by a third party. Because the court erred in considering evidence beyond the pleadings, we vacate the judgment.

[¶...

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