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STATE FARM MUT. AUTO. INS. CO. v. MONTAGNA

874 A.2d 406 (2005)

2005 ME 68

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Michael MONTAGNA et al.

Supreme Judicial Court of Maine.

Decided: June 10, 2005.

Attorney(s) appearing for the Case

Christopher C. Dinan, Esq., Monaghan Leahy, LLP, Portland, for plaintiff.

James M. Bowie, Esq., Thompson & Bowie, LLP, Portland, Michael P. Turndorf, Esq., Brunswick, for Jason Pease.

Roger J. Katz, Esq., Karen E. Boston, Esq., Lipman, Katz & McKee, P.A., Augusta, for Michael Montagna.

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

ALEXANDER, J.

[¶ 1] Michael Montagna and Jason Pease appeal from a summary judgment entered by the Superior Court (Cumberland County, Warren, J.) in favor of State Farm Mutual Automobile Insurance Company. Montagna contends that the trial court erred in declaring that State Farm was not obligated to defend or indemnify Montagna in a negligence action filed by Pease. Because Montagna was not in lawful possession of the stolen vehicle with which he caused...

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