Lobozzo v. Progressive Casualty Ins. Co.

Full title: THERESA LOBOZZO v. PROGRESSIVE CASUALTY INSURANCE COMPANY

Court: Supreme Judicial Court of Maine

Date published: Mar 19, 2002

792 A.2d 268 (Me. 2002)

2002 Me. 42

Opinion

Docket And-01-123.

Argued September 10, 2001.

Decided March 19, 2002.

Appealed from the Superior Court, Androscoggin County, Delahanty, J.

Edward Rabasco Jr., Verne E. Paradie Jr. (orally), Gosselin, Dubord Rabasco, P.A., Lewiston, for plaintiff.

John J. Wall III, Esq., (orally), Kenneth D. Pierce, Monaghan Leahy, LLP, Portland, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.^_

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

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.