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STATE FARM AUTO. INS. v. ESTATE OF CAREY

Docket: Ken-10-679

68 A.3d 1242 (2012)

2012 ME 121

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ESTATE OF JAMES CAREY.

Supreme Judicial Court of Maine.

Decided: October 25, 2012.

Reargued: April 12, 2012.

Attorney(s) appearing for the Case

Daniel G. Kagan, Esq. (orally), and Robert H. Furbish, Esq. , Berman & Simmons, Lewiston, for appellant Estate of James Carey.

John J. Wall, III, Esq. , (orally), Monaghan Leahy, LLP, Portland, for appellee State Farm Mutual Auto Insurance Company.

Bruce C. Gerrity, Esq. , and Roy T. Pierce, Esq. , Preti, Flaherty, Beliveau & Pachios, LLP, Augusta, for amici curiae American Insurance Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Maine Association of Insurance Companies.

Richard L. O'Meara, Esq. , Murray, Plumb & Murray, Portland, for amicus curiae Maine Trial Lawyers Association.

Concurring: SILVER, and JABAR, JJ.

LEVY, J.

[¶ 1] This appeal arises from a motor vehicle collision involving Roger T. Linton and James Carey that resulted in Carey's death. At the time of the collision, Linton was driving a truck owned by Jonathan Jennings, for whom Linton worked as an independent contractor. Jennings's insurer, State Farm Mutual Automobile Insurance Company, filed a declaratory judgment action against Carey's Estate and Linton to determine whether it was responsible for liability...

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