WALTMAN & CO. v. LEAVITT


722 A.2d 862 (1999)

1999 ME 4

WALTMAN & CO. v. Mark LEAVITT.

Supreme Judicial Court of Maine.

Decided January 6, 1999.


Attorney(s) appearing for the Case

John A. Graustein, Christopher G. Jernigan, Drummond, Woodsum & MacMahon, Portland, for plaintiff.

Jeffrey T. Edwards, Preti, Flaherty, Beliveau & Pachios, LLC, Portland, Robert E. Miller, Spencer, Zmistowski & Miller, Old Town, for defendant.

Before WATHEN, C.J., and CLIFFORD, DANA, ALEXANDER, and CALKINS, JJ.


CALKINS, J.

[¶ 1] Mark Leavitt appeals from the judgment of the Superior Court (Cumberland County, Cole, J.) after a jury-waived trial awarding the proceeds of a fire insurance policy to Waltman & Co. Leavitt argues that he was entitled to the proceeds as a matter of law, and that the trial court erred by finding the parties agreed that Leavitt would be responsible for insurance and, in the event of loss, Waltman & Co. would receive the net benefit...

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