Opinion
Argued November 8, 1985.
Decided January 9, 1986.
Appeal from the Superior Court, Cumberland County.
Hewes, Beal Douglas, Martica Sawin Douglas (orally), Portland, for plaintiff.
Zuckerman Avaunt, Mary B. Devine (orally), Gray, for defendant.
Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.
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.