Justia Maine Supreme Court Opinion Summaries

MMG Insurance Company (MMG) appealed a summary judgment entered in Superior Court in favor of Jennifer Jacobi. Ms. Jacobi rented a home from MMG's insured, Barbara Bennett. Ms. Bennett left Maine to live in New Mexico, but her seventeen-year-old son remained in Maine in an "in-law" apartment attached to the home. The son repeatedly sexually assaulted Ms. Jacobi's seven-year-old daughter. Ms. Jacobi reported the incidents to the police, and informed Ms. Bennett. Ms. Jacobi filed suit against Ms. Bennett on multiple grounds. In particular, her claim for "negligent infliction of emotional distress" served as one of the grounds for review by the Supreme Court. Ms. Bennett and her son were insured by a homeowner's policy issued by MMG. The policy that covered Ms. Bennett had a $300,000 limit per occurrence for "bodily injury." MMG notified Ms. Bennett that it would not participate in Ms. Jacobi's action because the policy contained an exclusion for claims arising from sexual abuse. Ms. Bennett failed to file an answer to Ms. Jacobi's complaint, and a default was entered against her. Ms. Jacobi sought enforcement of her default judgment against MMG, and eventually won at trial. MMG appealed, arguing that the court misinterpreted its insurance policy. The Supreme Court found there was no basis for recovery of damages under the MMG homeowner's policy. The Court reversed the judgment in favor of Ms. Jacobi from the lower court, and remanded the case for further proceedings.

On appeal to the Supreme Court, Dana Ramsdell contends that a provision in his 2006 divorce decree is ambiguous. While his divorce petition was pending, Mr. Ramsdell won a personal injury lawsuit. Under the terms of the divorce decree, Ms. Worden would receive twenty percent of the âpotential inchoate claimâ from the personal injury lawsuit. Arguing that the term âinchoate claimâ was ambiguous, Mr. Ramsdell petitioned the district court for reconsideration of the divorce courtâs award to his ex-wife, money from his personal injury suit. The district court affirmed the award. The Supreme Court, finding no error in the lower courtsâ interpretation of the divorce judgment or its calculation of the money she received, affirmed the order lower courtâs decision.