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Lobozzo v. Progressive Casualty Ins. Co.
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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.