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BEANE v. MAINE INS. GUAR. ASS'N

880 A.2d 284 (2005)

2005 ME 104

Rebecca BEANE et al. v. MAINE INSURANCE GUARANTY ASSOCIATION.

Supreme Judicial Court of Maine.

Decided: August 31, 2005.

Attorney(s) appearing for the Case

William D. Robitzek, Paul F. Macri (orally), Berman & Simmons, P.A., Lewiston, ME, for plaintiffs.

Joseph C. Tanski, Mark D. Robins (orally), Nixon Peabody, L.L.P., Boston, ME, and John H. Rich III, Jennifer H. Pincus, Perkins Thompson Hinckley & Keddy, P.A., Portland, ME, for defendant.

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

ALEXANDER, J.

[¶ 1] Rebecca and David Beane appeal from a declaratory judgment entered by the Superior Court (Kennebec County, Studstrup, J.) determining that the Maine Insurance Guaranty Association (MIGA) was not obligated to compensate them for losses resulting from medical malpractice of a doctor covered by MIGA because the Beanes had not exhausted available insurance coverage. The Beanes contend that the court erred by (1) applying the statutory requirement...

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