NATIONAL WRECKER, INC.
PROGRESSIVE CASUALTY INSURANCE COMPANY
Argued: September 26, 2019
William J. Gallitto, III, Esq. (orally), Bergen &
Parkinson, LLC, Saco, for appellant National Wrecker, Inc.
D. Poliquin, Esq. (orally), Norman, Hanson & DeTroy, LLC,
Portland, for appellee Progressive Casualty Insurance Company
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
National Wrecker, Inc., ("NWI") appeals from an
order entered in the Superior Court (York County,
O'Neil, /.) granting Progressive Casualty
Insurance Company's ("Progressive") motion for
summary judgment, and denying NWI's. Central to this
appeal is the question of whether a judgment obtained by NWI
against Fred Muluya d/b/a Anakiya Trucking
("Muluya"), Progressive's insured, is covered
by Muluya's automobile insurance contract. We agree with
the Superior Court that it is not covered by the policy, and
we therefore affirm the judgment in favor of Progressive.
The following facts are set forth in the joint stipulation of
fact, submitted to the Superior Court in support of the
parties' respective motions for summary judgment. We
review the Superior Court's entry of summary judgment de
novo as a matter of law, in light of the stipulated facts.
Wallace v. State Farm Mut. Auto. Ins. Co., 2017 ME
141, ¶ 8, 166 A.3d 989.
Muluya owned a large box truck insured by a
Commercial Auto Insurance Policy through Progressive, the
defendant in this matter. In the early morning of December
20, 2016, the Eliot Police Department contacted NWI to
respond to an accident involving Muluya's truck, which
had gone off the road and crashed into a ditch on property
owned by a third party. The truck had suffered substantial
damage and diesel fuel was leaking from the punctured fuel
tank. In an effort to contain the leaked fuel and prevent
further leakage, the NWI employees pumped the remaining
diesel from the truck and laid absorbent pads over the
spilled fuel. NWI also removed debris from the scene. Two NWI
wreckers removed the truck from the third party's
property to the roadway and towed it to an NWI facility in
Eliot. NWI sent Muluya an invoice detailing these
services and requesting payment of $7, 440 for the services.
In February 2017, NWI filed a complaint against Muluya in
Superior Court, seeking "payment of its invoice for
recovery and remediation services; assisting of [Muluya] in
the clean-up of [the] accident; towing fees; and storage
fees." In June 2017, the Superior Court (York County,
Douglas, J.) entered judgment in favor of NWI (the
"underlying judgment") and awarded NWI $26, 540 in
total damages for the services listed on the invoice and the
subsequent storage fees for Muluya's truck.
Muluya carried a Commercial Auto Insurance Policy with
Progressive at all times relevant to this case. The truck was
listed on the "Auto Coverage Schedule" of the
policy. The policy provides $5, 000 in compulsory property
damage liability coverage, and $100, 000 in optional property
Liability coverage is provided in Part I of the policy, which