Supreme Judicial Court of Maine, 1986

Allstate Insurance Co. v. Earley

Allstate Insurance Co. v. Earley
Supreme Judicial Court of Maine · Decided January 9, 1986 · Glassman, McKusick, Nichols, Roberts, Scolnik, Wathen
502 A.2d 1047; 1986 Me. LEXIS 692 (Atlantic Reporter, Second Series)

Allstate Insurance Co. v. Earley

Opinion of the Court

MEMORANDUM OF DECISION.

Joseph E. Earley appeals a decision of the Superior Court, Cumberland County, denying his claim for attorney fees incurred by Earley in his successful defense of a declaratory judgment action brought by his insurer, Allstate Insurance Company. Allstate sought to avoid any obligation to afford liability coverage to Earley in relation to a claim against him for personal injuries that resulted from a shooting. (For a description of the incident, see State v. Earley, 454 A.2d 341, 342-43 (Me. 1983)). We have recently decided that in these circumstances the insured is not entitled to attorney fees unless the insurer’s actions can be attributed to a “bad-faith refusal to honor its contract obligation to defend.” Union Mutual Fire Insurance Co. v. Town of Topsham, 441 A.2d 1012, 1019 (Me. 1982).

The entry is:

Judgment affirmed.

All concurring.

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