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MERRICK v. NORTHWESTERN MUT. LIFE INS. CO.

850 A.2d 352 (2004)

2004 ME 66

Charles R. MERRICK v. The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY.

Supreme Judicial Court of Maine.

Decided: May 12, 2004.

Revised: May 26, 2004.

Attorney(s) appearing for the Case

Stephen C. Whiting, The Whiting Law Firm, P.A., Portland, for plaintiff.

Byrne J. Decker, Pierce Atwood, Portland, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

DANA, J.

[¶ 1] Charles R. Merrick appeals from a judgment of the Superior Court (Cumberland County, Warren, J.) awarding Northwestern $10,140 on its counterclaim alleging damages for overpayments of disability benefits on two insurance policies. Merrick contends that the court erred in its interpretation of the policies and in concluding that the rental income he derived from his rental properties was "earned income" as defined in the policies. We agree...

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