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MIDDLESEX MUT. ASSURANCE CO. v. MAINE SCHOOL ADMIN.

Docket: Yor-10-237

26 A.3d 846 (2011)

2011 ME 95

MIDDLESEX MUTUAL ASSURANCE COMPANY v. MAINE SCHOOL ADMINISTRATIVE DISTRICT NO. 43.

Supreme Judicial Court of Maine.

Decided: August 25, 2011.

Attorney(s) appearing for the Case

Jeffrey T. Edwards, Esq. (orally), Preti Flatherty Beliveau & Pachios, LLP, Portland, ME, for Middlesex Mutual Assurance Company.

Michael E. Saucier, Esq. , Sarah Yantakosol Gayer, Esq. (orally), Thompson & Bowie, Portland, ME, for School Administrative District No. 43.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] The appeal in this subrogation action presents the question of whether negligent conduct by students that causes damage to a motel where the students were lodging while competing in a school-supported event renders the students' school district liable to repay the motel's insurance company for the damages caused by the students. We hold that because the school district did not undertake to be responsible to pay damages in a

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