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BEANE v. MAINE INS. GUAR. ASS'N

916 A.2d 204 (2007)

2007 ME 40

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

Supreme Judicial Court of Maine.

Decided: March 1, 2007.

Attorney(s) appearing for the Case

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

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

Dissent: SAUFLEY, C.J., and CLIFFORD and ALEXANDER, JJ.

DANA, J.

[¶ 1] Rebecca and David Beane appeal from a judgment of the Superior Court (Kennebec County, Studstrup, J.) granting the Maine Insurance Guaranty Association's (MIGA) motion for summary judgment. The trial court found that MIGA had no obligation to pay the Beanes anything on their medical malpractice claim because the Beanes had not exhausted the solvent insurance coverage held by one of the two physicians involved. See 24-A M.R.S. §...

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