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MIDDLESEX MUT. ASSUR. CO. v. FISH

No. CV-09-375-B-W.

738 F.Supp.2d 124 (2010)

MIDDLESEX MUTUAL ASSURANCE COMPANY, Plaintiff/Counterclaim Defendant, v. Dorothy M. FISH, Defendant/Counterclaim Plaintiff.

United States District Court, D. Maine.

August 24, 2010.

Attorney(s) appearing for the Case

John S. Whitman , Richardson, Whitman, Large & Badger, Portland, ME, for Plaintiff/Counterclaim Defendant.

Steven D. Silin , Robert Furbish , Berman & Simmons, P.A., Lewiston, ME, for Defendant/Counterclaim Plaintiff.

ORDER AFFIRMING THE RECOMMENDED DECISION

JOHN A. WOODCOCK, JR., Chief Judge.

This case is an example of the occasionally counterintuitive world of insurance contract law. To secure insurance coverage, the injured party, Dorothy M. Fish, argues that the tortfeasor was not an insured and therefore Middlesex Mutual Assurance Company (Middlesex) must cover her injuries, and to avoid indemnifying Ms. Fish, Middlesex argues that the tortfeasor was an insured and...

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