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WORCESTER INS. v. DAIRYLAND INS.3/10/1989
This appeal concerns insurance provided to Darren B. Smith by a homeowner's insurance policy issued by the plaintiff, Worcester Insurance Company (Worcester), and an automobile insurance policy issued by Dairyland Insurance Company (Dairyland). Worcester filed an action against the defendants, Dairyland, Kristin M. Baxter and her parents William and Nancy Baxter (Baxters), Darren B. Smith and his father, Bayne H. Smith (Smiths), and Ricky C. Robinson and his father, Clifton Robinson (Robinsons), seeking, inter alia, a declaratory judgment that its homeowner's policy did not cover the Baxters' claims against the Smiths. Worcester also sought reimbursement from Dairyland for the expenses incurred by Worcester in providing a defense for Darren Smith.
After a hearing on Worcester's motion for a summary judgment, the Superior Court (Androscoggin County, Delahanty, J.) held that Worcester was not liable under its policy for the Baxters' claims and was not required to continue to provide a defense for the Smiths against such claims. The court also held that Worcester could not recover its defense costs expended on behalf of Darren Smith from Dairyland and entered a judgment for Worcester on the first issue and for Dairyland on the other issue.
The Baxters appeal the ruling regarding Worcester's liability and Worcester cross-appeals from the denial of its claim for reimbursement of its costs from Dairyland. We affirm the judgment.
I
The coverage issues in this case arise from an action filed by the Baxters against the Smiths and Robinsons seeking damages for a gunshot wound suffered by Kristin Baxter because of the alleged negligent handling by Darren Smith of a rifle owned by the Robinsons. Worcester began the investigation of the Baxters' claims and the defense of the Smiths. Through discovery procedures, Worcester became aware that Kristin's injury occurred while Darren was
The Worcester homeowner's policy contains the following coverage exclusion:
1. Coverage E — Personal Liability and Coverage F — Medical
Payments to Others do not apply to bodily injury or property
damage:
e. arising out of the ownership, maintenance, use, loading
or unloading of:
(2) a motor vehicle owned or operated by, or rented or
loaned to any insured. . . .
(Boldface in original). Accordingly, Worcester filed this action for declaratory judgment on the issue of noncoverage and notified Dairyland of its possible liability on the Baxter claims.
II
We first address the contention of Worcester that because the Baxters were not parties to the insurance contract between Worcester and the Smiths, they cannot appeal the judgment of the Superior Court. 14 M.R.S.A. § 1851 (1980) provides, "In any civil case any party aggrieved by any judgment, ruling or order may appeal therefrom to the law court. . . ." A party is aggrieved if it appears "that the Court's ruling, order or judgment operates prejudicially and directly upon his property, or his pecuniary or personal rights." Desmond v. Persina, 381 A.2d 633, 637 (Me. 1978). The Baxters were named defendants in the action for a declaratory judgment brought by Worcester and have a pecuniary interest in the resources available to the Smiths to satisfy any recovery they may secure in their action against them. It is apparent that the summary judgment for Worcester diminished those resources, and accordingly, the Baxters are entitled to appeal that judgment.
III
We next address the contention of the Baxters that the trial court erred in finding that there is no genuine issue of material fact as to wheth
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