Lobozzo v. Progressive Casualty Ins. Co.

Lobozzo v. Progressive Casualty Ins. Co.
Download as PDF
Back to the Opinions page

MAINE SUPREME JUDICIAL COURT					Reporter of Decisions
Decision:	2002 ME 42
Docket:	And-01-123
Argued:	September 10, 2001
Decided:	March 19, 2002

Panel:SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.{*}

THERESA LOBOZZO

v.

PROGRESSIVE CASUALTY INSURANCE COMPANY




PER CURIAM

	[¶1]  Theresa Lobozzo appeals from the summary judgment in favor of
Progressive Casualty Insurance Company entered in the Superior Court
(Androscoggin County, Delahanty, J.) contending the court erred as a matter of
law in its interpretation of 24-A M.R.S.A. § 2902-B (2000) by misconstruing
what an insurance company must do to exclude coverage for injuries to a
motorcycle passenger.  Progressive cross-appeals, contending the Superior
Court abused its discretion by excluding an affidavit as a discovery sanction. 
We affirm the discovery sanction; and because the Court is evenly divided, we
affirm the summary judgment.
	The entry is:
			Judgment affirmed.
Attorneys for plaintiff:

Edward Rabasco Jr., Esq.
Verne E. Paradie Jr., Esq. (orally)
Gosselin, Dubord & Rabasco, P.A.
P O Box 1081 
Lewiston, ME 04243-1081

Attorneys for defendant:

John J. Wall III, Esq. (orally)
Kenneth D. Pierce, Esq.
Monaghan Leahy, LLP
P O Box 7046
Portland, ME 04112-7046

FOOTNOTES******************************** {*} Wathen, C.J., sat at oral argument and participated in the initial conference, but resigned before this opinion was adopted.