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Metropolitan Property and Casualty Insurance Co. v. Micale

Superior Court of Maine, Cumberland

January 24, 2018

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff
v.
VINCENT MICALE, JR., Defendant

          ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANT'S MOTION TO AMEND ANSWER AND COUNTERCLAIM

          NANCY MILLS, JUSTICE

         Before the court are plaintiff/counterclaim defendant Metropolitan Property and Casualty Insurance Company and defendant/counterclaim plaintiff Vincent Micale, Jr's cross-motions for summary judgment and defendant/counterclaim plaintiff Micale's motion to amend answer and counterclaim. For the following reasons, Mr. Micale's motion to amend answer and counterclaim is granted, Metropolitan's motion for summary judgment is denied, and Mr. Micale's cross motion for summary judgment is granted.

         I. FACTS

         Plaintiff Metropolitan is a foreign insurer authorized to do business in the State of Maine. (Pl.'s Supp'g S.M.F. ¶. 1.) Metropolitan issued a homeowner's policy to defendant, Vincent J. Micale, Jr. (Pl.'s Supp'g S.M.F. 3 ¶.) The policy, numbered 599003786-0, names Vincent J. Micale, Jr. as the insured and has a policy term from August 1, 2016 to August 1, 2017. (Pl.'s Supp'g S.M.F. ¶ 3.) On or about June 18, 2017, Mr, Micale rented two jet skis from Jet Ski Guy Inc., pursuant to a rental agreement. (Pl.'s Supp'g S.M.F. ¶¶ 4-5) Monica Curtin and Adam Kelly were listed as authorized operators of the jet skis. (Pl.'s Supp'g S.M.F. ¶ 6.) On June 18, 2017, Ms. Curtin and Mr. Kelly operated the jet skis on Little Sebago Lake and collided, destroying both jet skis. (Pl.'s Supp'g S.M.F. ¶¶ 7-10.) Mr. Kelly received serious bodily injury as a result of the collision, including an injury to his left leg, which later required amputation. (Pl.'s Supp'g S.M.F. ¶ 11.)

         The policy provides:

Section II - We will pay all sums for bodily injury and property damage to others for which the law holds you responsible because of an occurrence to which this coverage applies.

(Pl.'s Supp'g S.M.F. ¶ 20.) "Property damage" is defined as "physical damage to or destruction of intangible property, including loss of use of this property." (Pl.'s Supp'g S.M.F. ¶ 21.) "Bodily injury" is defined as "physical harm to the body including any resulting sickness or disease." (Pl.'s Supp'g S, M.F.¶ 22.)

         The policy's watercraft exclusion and extension of coverage (coverage extension) applies to the coverage as follows:

9. Watercraft. We do not cover bodily injury or property damage arising out of:
A. the ownership, maintenance, occupancy, operation, use loading or unloading of watercraft of any type owned or operated by you or rented or loaned to you,
B. The entrustment by you of a watercraft of any type to any person,
C. the failure to supervise or negligent supervision by you of any person involving a watercraft of any type; or
D. vicarious liability, whether or not imposed by law, for the actions of a child or minor involving a watercraft of any type.

(Pl.'s Supp'g S.M.F. ¶ 23.) Coverage is extended for bodily injury and property damage arising out of:

a. Rented Watercraft;
2. With an inboard/outboard motor with 50 total horsepower or less. This includes watercraft propelled by a water jet pump engine or motor,

(Pl.'s Supp'g S.M.F.¶ 24.)

         An additional exclusion applies to ...


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