(DOWNLOAD) "Johnson v. Amica Mutual Insurance Co." by Maine Supreme Judicial Court # Book PDF Kindle ePub Free
eBook details
- Title: Johnson v. Amica Mutual Insurance Co.
- Author : Maine Supreme Judicial Court
- Release Date : January 08, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Submitted on Briefs: June 17, 1999 ¶1 Steven G. Johnson and Roselle F. Johnson appeal from the judgment entered in the Superior Court (Cumberland County, Mills, J.) in favor of Amica Mutual Insurance Company in the Johnsons' suit alleging a duty to defend and indemnify them in connection with a third-party action brought against them. The Johnsons' contentions lack merit. We affirm the judgment. ¶2 The parties dispute the scope of coverage provided under a homeowners insurance policy that Amica issued to the Johnsons. Vincent Herzog brought a suit against the Johnsons during the policy period, alleging that they converted bank account funds and reimbursement payments. Amica refused to defend and indemnify the Johnsons in the Herzog suit, based on the policy's coverage provisions and exclusion provisions. The Johnsons brought suit against Amica seeking, inter alia, a declaratory judgment that Amica had the duty to defend and indemnify them in the Herzog suit. Amica moved for a summary judgment on the basis that it had no duty to defend or indemnify the Johnsons under the policy. On the day after the court heard oral argument from the parties on Amica's motion, Amica submitted a letter and copies of three cases supporting its position that the alleged conversion was ""strictly an economic loss"" that did not qualify as ""property damage"" under the policy. The Johnsons filed a written objection to Amica's post-hearing submission on the grounds that: (1) the submission was ""an affront to the finality of the pleading steps outlined in Rule 7""; and (2) the cases were ""of doubtful relevance."" The court acknowledged receipt of Amica's submission and the Johnsons' objection thereto, and offered the Johnsons an opportunity to respond. The Johnsons declined to respond and, instead, asked the trial Justice to: (1) strike the new cases from the record; (2) recuse herself; and (3) refer the matter to another Judge. The trial Justice denied the Johnsons' request that she recuse herself, and entered a judgment in favor of Amica. This appeal followed.
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