YORK INS. GROUP OF MAINE v. LAMBERT


740 A.2d 984 (1999)

1999 ME 173

YORK INSURANCE GROUP OF MAINE v. Richard O. LAMBERT.

Supreme Judicial Court of Maine.

Decided November 24, 1999.


Attorney(s) appearing for the Case

John J. Wall III, Noah D. Wuestoff, Monaghan, Leahy, Hochadel & Libby, LLP, Portland, for plaintiff.

Thomas F. Hallett, Portland, for defendant.

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


WATHEN, C.J.

[¶ 1] Defendant Richard O. Lambert appeals from a summary judgment entered in the Superior Court (Cumberland County, Mills, J.) in favor of his insurer, plaintiff York Insurance Group of Maine, ruling that it had no duty by virtue of a policy of homeowner's insurance to defend Lambert in an underlying probate action. Because the court erred in considering evidence beyond the pleadings, we vacate the judgment.

[¶ 2] The facts as...

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