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Insurance Law: No Duty to Indemnify Owner/Employee for Assault on Motorist

We represented an insurer before the Maine Supreme Judicial Court sitting as the Law Court in an insurance coverage matter in which an owner and employee of a partnership sought indemnification for injuries he caused in an apparent road rage incident. While stopped at a traffic light on the way home from a camping trip with his son (though he claimed that he was on his way to the business), the owner/employee exited his truck, struck the victim repeatedly in his head and chest, told the victim that his driving was endangering other drivers, and informed the victim that the owner/employee was taking it upon himself to set the victim straight. The Law Court determined that even if the owner/employee was on his way to the business at the time of the incident, the assault was not “with respect to the conduct” of the business and not “within the scope of [his] employment.” As such, the owner/employee was not entitled to indemnification under the policy because he did not fall within the policy’s definition of insured at the time of the incident. Travelers Indem. Co. v. Bryant, 2012 ME 38

Firm Highlights

Event

Annual Update: Part 1 - 2022 Legal Year in Review (1st Session)

Publication/Podcast

Maine PUC Clarifies Ability of Level 2 Projects to “Leapfrog” Level 4 Projects in Interconnection Queue

After months of uncertainty over the issue of whether Level 2 renewable energy projects can “leapfrog” Level 4 projects in the queue, the Maine PUC clarified one of the ambiguities. Specifically, in response to...

Blog

Maine PUC to Kick Off Review of Grid Plan to Assist Clean Energy Transition

Last month, the Maine Public Utilities Commission initiated a proceeding to identify the priorities to be addressed in an electric grid plan that will assist Maine in the “cost-effective transition to a clean, affordable...

News

Verrill Welcomes Associates Brody Haverly-Johndro, Maye Emlein, Victoria Larson, Chris Petronio, Abby Plummer, and Alexander Read

Matter

Advised Fortune 500 Company on Group Health and Welfare Benefit Plans

We were engaged by a Fortune 500 manufacturing company to provide legal and compliance services regarding its group health and welfare benefit plans. During the course of our representation, we have advised the company...

Blog

401(k) Plan Matching Contributions: To True Up or Not True Up?

As a matter of plan design, for purposes of matching contributions some 401(k) plans provide that a participant’s compensation for the entire plan year is taken into account (regardless of whether the participant makes...

Publication/Podcast

The PHE is Ending: Do You Know Where Your Waivers Are?

While the pandemic is not over, the COVID-19 public health emergency (PHE) is expected to expire soon, which means that a number of operational, safety, and billing standards that were waived at the beginning...

Event

Annual Update: Part 1 - 2022 Legal Year in Review (2nd Session)

News

Seven Verrill Attorneys named to Boston Magazine’s Top Lawyers of 2022 List

(December 8, 2022) Verrill attorneys Ruth A. Mattson , Michael L. Fay , David M. Friedman , Regina M. Hurley , Kyle T. MacDonald , Kristin S. Doeberl and Brian M. Hurley were recently...

Matter

Elections and Constitutional Law: Successfully Challenged Certification of Initiative Petition

In a victory for consumers and the ride-hailing public, the Massachusetts Supreme Judicial Court recently barred the Secretary of State from placing on the November ballot initiative petitions proposed by companies such as Uber...

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