Union Mut. Fire Ins. v. Com. Union Ins., 521 A.2d 308 (Me. 1987). · Go Syfert
Union Mut. Fire Ins. v. Com. Union Ins., 521 A.2d 308 (Me. 1987). Cases Citing This Book View Copy Cite
143 citation events (110 in the last 25 years) across 14 distinct courts.
Strongest positive: Concord General Mutual Insurance Company v. Estate of Collette J. Boure (me, 2021-11-16)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (rule) Concord General Mutual Insurance Company v. Estate of Collette J. Boure (2×)
Me. · 2021 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987).
cited Cited as authority (rule) Dr. William Coppola, Inc. v. Great Divide Insurance Co.
Me. Super. Ct · 2021 · confidence medium
Co., 521 A.2d 308, 311 (Me. 1987).
discussed Cited as authority (rule) Concord General Mutual Insurance Co. v. Grindel
Me. Super. Ct · 2021 · confidence medium
While the Estate attempts to draw a distinction between occupying a vehicle and using a vehicle, the short answer is that when Collette was occupying the vehicle in the course of employing the vehicle for the purpose of leaving Maine to be with Alex, she was using the vehicle within the meaning of Union Mutual, 521 A.2d at 310 ("The use of an automobile denotes its employment for some purpose of the user).
cited Cited as authority (rule) Pottle v. Acadia Insurance Company
Me. Super. Ct · 2020 · confidence medium
Co., 521 A.2d 308, 311 (Me. 1987).
discussed Cited as authority (rule) Dawn H. Haskell v. State Farm Fire and Casualty Company
Me. · 2020 · confidence medium
Co., 521 A.2d 308, 309, 311 (Me. 1987). [¶21] Interpreting analogous language in homeowner policy exclusions, we similarly held that an injury suffered when the insured and the injured person were carrying an item away from a vehicle to the insured’s shed did not fall within an exclusion in the homeowner’s policy for injuries “arising out of the ownership, maintenance, use, loading or unloading of” a vehicle.
discussed Cited as authority (rule) Dawn H. Haskell v. State Farm Fire and Casualty Company
Me. · 2020 · confidence medium
Co., 521 A.2d 308, 309, 311 (Me. 1987). [¶21] Interpreting analogous language in homeowner policy exclusions, we similarly held that an injury suffered when the insured and the injured person were carrying an item away from a vehicle to the insured’s shed did not fall within an exclusion in the homeowner’s policy for injuries “arising out of the ownership, maintenance, use, loading or unloading of” a vehicle.
cited Cited as authority (rule) Bickford v. Ivers
Me. Super. Ct · 2017 · confidence medium
Union Mutual Fire Insurance Co. v. Commercial Union Insurance Co., 521 A.2d 308, 311 (Me. 1987).
examined Cited as authority (rule) Kelley v. North East Insurance Co. (3×) also: Cited "see"
Me. · 2017 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987) (quotation marks omitted). [¶6] Kelley bears the burden of showing that the damages, she was awarded in the underlying action are based on a claim that falls within the scope of Snyder’s policy with North East.
examined Cited as authority (rule) Richardie Kelley v. North East Insurance Company (3×) also: Cited "see"
Me. · 2017 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987) (quotation marks omitted). [¶6] Kelley bears the burden of showing that the damages she was awarded in the underlying action are based on a claim that falls within the scope of Snyder’s policy with North East.
examined Cited as authority (rule) Kelley v. North East Insurance Co. (3×) also: Cited "see"
Me. · 2017 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987) (quotation marks omitted). [¶6] Kelley bears the burden of showing that the damages, she was awarded in the underlying action are based on a claim that falls within the scope of Snyder’s policy with North East.
examined Cited as authority (rule) Kelley v. North East Insurance Co. (3×) also: Cited "see"
Me. · 2017 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987) (quotation marks omitted). [¶6] Kelley bears the burden of showing that the damages, she was awarded in the underlying action are based on a claim that falls within the scope of Snyder’s policy with North East.
cited Cited as authority (rule) Barnie's Bar & Grill, Inc. v. United States Liability Insurance Co.
Me. · 2016 · confidence medium
Co., 521 A.2d 308, 311 (Me. 1987).
cited Cited as authority (rule) Barnie's Bar & Grill, Inc. v. United States Liability Insurance Company
Me. · 2016 · confidence medium
Co., 521 A.2d 308, 311 (Me. 1987).
discussed Cited as authority (rule) Allocca v. York Insurance Co. of Maine (2×)
Me. Super. Ct · 2016 · confidence medium
Co., 521 A.2d 308, 311 (Me. 1987).
discussed Cited as authority (rule) York Ins. Co. of Maine v. White (2×)
Me. Super. Ct · 2012 · confidence medium
Co., 521 A.2d 308, 311 (Me. 1987) (holding that when a firearm was accidentally discharged when being removed from a pickup truck, the resulting injuries were excluded from coverage under a homeowners insurance policy).2 On the other hand, when an individual tied a dog to his parked truck, and the dog subsequently bit a child, the resulting injuries were covered under the insured's homeowners policy because the "'use' of the vehicle as an object to secure [the] dog was not directly incidental to the operation of the vehicle" and the causal connection between the injury and the use of the vehic…
cited Cited as authority (rule) Medical Mutual Insurance v. Indian Harbor Insurance
1st Cir. · 2009 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987).
cited Cited as authority (rule) Bristol West Insurance v. Wawanesa Mutual Insurance
1st Cir. · 2009 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987).
discussed Cited as authority (rule) North East Insurance Co. v. Atkisson
Me. Super. Ct · 2005 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987). - in the Massachusetts litigation, that "Atlusson hrred Eric Here, Simons is alleging, S. Simons as an independent contractor to work inter alia, at the construction site on the properties." Under the traditional comparison test, the Massachusetts allegation clearly brings the litigation within the contours of the policy.
examined Cited as authority (rule) Foremost Insurance Co. v. Levesque (8×)
Me. · 2005 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987).
discussed Cited as authority (rule) Acadia Insurance v. Vermont Mutual Insurance (2×)
Me. · 2004 · confidence medium
Co., 521 A.2d 308, 311 (Me.1987). [¶ 6] The Vermont Mutual homeowner's policy contains the following exclusion: 1.
discussed Cited as authority (rule) Texas Farm Bureau Mutual Insurance Co. v. Sturrock (2×)
Tex. · 2004 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987) (finding coverage under policy that required an "auto accident" when on hunting trip, insured's shotgun accidentally discharged, injuring passenger, when insured reached for the gun, which was in the back seat); State Capital Ins.
cited Cited as authority (rule) New Life Brokerage Services, Inc. v. Cal-Surance Associates, Inc.
1st Cir. · 2003 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987) (internal quotations omitted).
cited Cited as authority (rule) Hisaw v. State Farm Mutual Automobile Insurance
Ark. · 2003 · confidence medium
Mont. 1995), citing, APPLEMAN, INSURANCE LAW AND PRACTICE, § 4316 (1979); Union Mutual Fire Insurance Company v. Commercial Union Insurance Company, 521 A.2d 308, 310 (Me. 1987).
cited Cited as authority (rule) New Life Brokerage Services, Inc. v. Cal-Surance Associates, Inc.
D. Me. · 2002 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987)).
cited Cited as authority (rule) Seaco Insurance Co. v. Davis-Irish
1st Cir. · 2002 · confidence medium
Co., 521 A.2d 308, 310 (Me. 1987).
discussed Cited as authority (rule) Pine Ridge Realty, Inc. v. Massachusetts Bay Insurance (2×)
Me. · 2000 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987) (“It has long been the rule in Maine that insurance policies are to be liberally construed in favor of the insured and strictly construed against the insurer that drafted the policy.”). [¶ 15] Pine Ridge argues that the all-risk tees and greens endorsement should be construed to have provided for flood coverage because the binder and subsequent policy “did not match,” and because the terms of the binder did not explicitly mention flood and groundwater damage as excluded from coverage. 8 *600 A. Construction of the Contract [¶ 16] We must therefore det…
discussed Cited as authority (rule) American Employers' Insurance v. Delorme Publishing Co. (2×)
D. Me. · 1999 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987) (quoting Allstate Ins.
discussed Cited as authority (rule) Georgeson v. Fidelity & Guaranty Insurance Co.
D. Mont. · 1998 · confidence medium
Exchange v. Tibi, 20 M.F.R. 96, 104-105 (D.Mont.1995), citing, Appleman, Insurance Law and PRACTICE, § 4316 (1979); Union Mutual Fire Insurance Company v. Commercial Union Insurance Company, 521 A.2d 308, 310 (Me.1987).
cited Cited as authority (rule) Peerless Insurance Co. v. Wood
Me. · 1996 · confidence medium
Fire Ins. v. Commercial Union Ins., 521 A.2d 308, 310 (Me.1987).
discussed Cited as authority (rule) Maine Mutual Fire Insurance v. American International Underwriters Insurance
Me. · 1996 · confidence medium
We concluded in both cases that there was coverage provided by the automobile policy because there was “a causal relationship ... between the accident or injury and the ownership, maintenance or use of the vehicle.” Union Mut., 521 A.2d at 310 (citation omitted).
discussed Cited as authority (rule) Fire Insurance Exchange v. Tibi (2×)
D. Mont. · 1995 · confidence medium
Appleman, Insurance Law And Practice, § 4316 (1979); Union Mutual Fire Insurance Company v. Commercial Union Insurance Company, 521 A.2d 308, 310 (Me.1987).
discussed Cited as authority (rule) Garrison v. State Farm Mutual Automobile Insurance (2×)
Kan. Ct. App. · 1995 · confidence medium
Fire Ins. v. Commercial Union Ins., 521 A.2d 308, 311 (Me. 1987).
discussed Cited as authority (rule) A. Johnson & Co. v. Aetna Casualty & Surety Co.
D. Mass. · 1990 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987), would consider them to be “sums which the insured [is] legally obligated to pay as damages.” Instead, they are the expenses the Maroises may be required to incur to halt continuing pollution and property damage.
discussed Cited as authority (rule) Patrons Oxford Mutual Insurance v. Marois
Me. · 1990 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987), would consider them to be “sums which the insured [is] legally obligated to pay as damages.” Instead, they are the expenses the Maroises may be required to incur to halt continuing pollution and property damage. 3 There may be a substantial difference between these remedial costs and the amount of damages the *19 Maroises would have to pay to property owners for damages to their property.
cited Cited as authority (rule) North River Insurance v. CY Thompson Transportation Agency, Inc.
1st Cir. · 1988 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987) ("insurance policies are to be liberally construed in favor of the insured and strictly construed against the insurer"); Allstate Ins.
cited Cited as authority (rule) ca1 1988
1st Cir. · 1988 · confidence medium
Co., 521 A.2d 308, 310 (Me.1987) ("insurance policies are to be liberally construed in favor of the insured and strictly construed against the insurer"); Allstate Ins.
cited Cited "see" Union Mutual Fire Insurance v. Commercial Union Insurance
D. Me. · 1987 · signal: see · confidence high
See Union Mutual Fire Insurance Co. v. Commercial Union Insurance Co., et al., 521 A.2d 308 (Me.1987).
UNION MUTUAL FIRE INSURANCE COMPANY
v.
COMMERCIAL UNION INSURANCE COMPANY, Et Al.
Supreme Judicial Court of Maine.
Feb 25, 1987.
521 A.2d 308
Petruccelli, Cohen, Erler and Cox, Gerald F. Petruccelli (orally), Portland, for plaintiff., Fitzgerald, Donovan & Conley, Constance P. O’Neil (orally), Bath, Norman & Hanson, James D. Poliquin (orally), Portland, for defendant.
McKusick, Nichols, Wathen, Glassman, Scolnik, Clifford.
Cited by 52 opinions  |  Published
SCOLNIK, Justice.

The United States District Court for the District of Maine has certified to us two questions of state law pursuant to 4 M.R. S.A. § 57 (Supp.1986) and M.R.Civ.P. 76B. The requirements for our acceptance of these questions have been met. See Hiram Ricker & Sons v. Students International Meditation Society, 342 A.2d 262, 264 (Me.1975).

I. Factual Background

The factual background and procedural history in this case may be summarized as follows: On January 2, 1985, Clifford Winter and Robert Sanford, both Maine residents, traveled to Maryland in Sanford’s station wagon on a hunting trip. The following morning, the two men met their guides at the designated hunting area, loaded their shotguns upon sighting geese, but fired no shots. They were then called back to their car by the guides to depart for a second hunting area. Winter unloaded his gun before seating himself in the right front passenger seat. Sanford, however, placed his loaded shotgun in the back seat of the vehicle, with the gun pointing toward the rear door on the passenger side. The safety mechanism of the shotgun was in an off position. Upon reaching the second hunting area, Winter got out of the vehicle on the passenger side and walked toward the rear of the vehicle. Sanford got out on the driver’s side, opened the left rear door, and reached for his shotgun. The gun accidentally discharged upon being grasped by Sanford, resulting in injuries to Winter.

Sanford was insured at all relevant times under two insurance policies. One policy was issued by defendant Commercial Union Insurance Company (Commercial Union). The Commercial Union automobile policy stated that the insurer would “pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an auto accident.” The term “covered person” is defined as the named insured or any family member “for the ownership, maintenance or use of any auto or trailer.”

The second policy was issued to Sanford by the Plaintiff, Union Mutual Fire Insurance Company, (Union Mutual). The Union Mutual homeowner’s policy covered claims against the insured for “damages because of bodily injury,” but excluded coverage for claims “arising out of the ownership, maintenance, use, loading or unloading of: ... a motor vehicle owned or operated by ... any insured.” The liability coverage limit of each policy is $100,000. Both policies obligate the insurer to defend the insured against covered claims.

Winter subsequently filed a complaint against Sanford in Superior Court, seeking[*310] damages for personal injuries resulting from Sanford’s alleged negligence. Sanford notified the two insurers of the pending state court action, demanding that they defend and indemnify him. Although Commercial Union refused to defend or indemnify Sanford, Union Mutual undertook his defense, reserving all rights under its policy and informing Sanford and Commercial Union of its position. Acting on behalf of Sanford, Union Mutual settled with Winter in an amount stipulated by the insurers to be reasonable.

Union Mutual filed a complaint in the United States District Court for the District of Maine, seeking declaratory relief against Commercial Union and Sanford. After both insurers moved for summary judgment, it was agreed that there were no genuine issues of material fact. The following issues of law were certified by the federal court to resolve the question of coverage under the two policies:

(a) Does the clause in the Commercial Union Insurance Company policy, providing coverage for accidents arising from “the ownership, maintenance or use of any auto,” include coverage for personal injuries resulting from the accidental discharge of a firearm while being removed for hunting purposes from an insured vehicle?
(b) Does the clause in the Union Mutual Fire Insurance Company policy, excluding coverage for accidents arising from the “use, loading or unloading” of a vehicle, exclude coverage for personal injuries resulting from the accidental discharge of a firearm while being removed for hunting purposes from an insured vehicle?

We answer both questions in the affirmative.

II. Commercial Union Policy

It has long been the rule in Maine that insurance policies are to be liberally construed in favor of the insured and strictly construed against the insurer that drafted the policy. Bartlett v. Union Mutual Fire Ins. Co., 46 Me. 500, 502 (1859); see also Baybutt Construction Corp. v. Commercial Union Ins. Co., 455 A.2d 914, 921 (Me.1983). Any ambiguity in the contract is resolved against the insurer. Allstate Ins. Co. v. Elwell, 513 A.2d 269, 271 (Me.1986); Baybutt, 455 A.2d at 921. In applying these rules of construction to the instant case, the contract language is to be viewed from the perspective of an average person untrained in either the law or the insurance field “in light of what a more than casual reading of the policy would reveal to an ordinarily intelligent insured.” Id., quoting Brown v. City of Laconia, 118 N.H. 376, 386 A.2d 1276, 1277 (1978).

The Commercial Union policy in the present case employs the word “use” in an ambiguous manner. The word “use” is a general catch-all term, encompassing all proper uses of a vehicle. See 6B Appleman, Insurance Law and Practice (Buckley ed.), § 4316 (1979). We have previously interpreted the “use,” as distinguished from the “operation” of a vehicle, in the context of an omnibus clause of an insurance contract, as contemplating a broad construction of that term:

... the words use and operation ave not synonymous. The use of an automobile denotes its employment for some purpose of the user; the word operation denotes the manipulation of the car’s controls in order to propel it as a vehicle. Use is thus broader than operation ... One who operates a car uses it, ... but one can use a car without operating it.

Allstate Insurance Co. v. Lyons, 400 A.2d 349, 352 (Me.1979), quoting Indemnity Insurance Co. v. Metropolitan Casualty Insurance Co. of New York, 33 N.J. 507, 166 A.2d 355, 358 (1960) (emphasis in original); see also Taylor v. United States Fidelity & Guaranty Co., 519 A.2d 182 (Me.1986).

In determining whether a particular injury is within the meaning of the “ownership, maintenance or use” clause of an insurance policy, the cases are in general agreement that a causal relationship must exist between the accident or injury and the ownership, maintenance or use of the vehicle. See Annotation, Automobile Liability Insurance: What are Accidents or Injuries “Arising out of Ownership, Maintenance, or Use” of Insured Vehicle, [*311] 15 A.L.R. 4th 10 (1982). The causal relationship between the proper use of the vehicle and subsequent injury need not be the proximate cause of the injury; coverage will be extended if there is a reasonable causal connection between the use and the injury. Id. A determination of whether a causal relationship existed turns on the facts of each particular case. Our inquiry is therefore limited to whether under these facts, the negligent act on the part of the insured causing the accidental discharge of the firearm may be considered a reasonable incident of the use of the vehicle, leading to the reasonable expectation on the part of the insured that the resulting injury constituted a protected risk under the policy.

The vehicle in the instant case was being used to transport the two men and their firearms for the purpose of hunting. The utilization of the vehicle for a hunting trip constitutes a proper “use” of the vehicle within the meaning of the Commercial Union policy. Incidental to that use, it was necessary, reasonable and foreseeable that the weapons would be placed into and removed from the vehicle at some point during the course of the expedition. The “loading or unloading” of a firearm into or from a vehicle is a reasonable and proper use of the vehicle in this context. [1] Because the injury occurred during the “unloading” of the gun from the vehicle, the requisite causal connection is present. This relationship was sufficient to afford coverage under the Commercial Union policy provision. [2]

III. Union Mutual Policy

Exclusionary provisions in insurance contracts, such as the one in the Union Mutual homeowner’s policy, are ordinarily construed strictly against the insurer and liberally in favor of the insured. Baybutt, 455 A.2d at 921. Coverage under the policy will be excluded “only where such separately stated ‘exclusions,’ when viewed as a whole, unambiguously and unequivocally negate coverage.” Id. (emphasis in original). The rule requiring a strict construction against the insurer and a liberal construction in favor of the insured “is not applicable unless there is ambiguity in the terms of the policy. The terms of the policy are to be taken and understood in ordinary sense.” Unobskey v. Continental Ins. Co., 147 Me. 249, 255-256, 86 A.2d 160, 163 (1952).

The terms “loading or unloading” in the Union Mutual policy exclusionary provision are unambiguous, and must therefore be given their plain and ordinary meaning. Under the facts of the instant case, the insured was removing cargo (i.e., his shotgun) from his vehicle, or “unloading” the vehicle. The insured’s negligent placement of the loaded firearm in the vehicle, together with his carelessness in unloading the vehicle, provide a sufficient causal connection between the act of unloading and the consequent injury. In interpreting a similar exclusionary provision in Morari v. Atlantic Mutual Fire Ins. Co., supra, the Supreme Court of Arizona analyzed a factually analogous situation as follows;

[*312] The unloading does not have to be the cause in the sense of proximate cause of the accident. The accident need only be connected with the unloading. [The insured’s] act in keeping the gun loaded and not on safety created a dangerous condition from which reasonable men might conclude greater care in its subsequent handling was required in order to prevent its accidental discharge. No doubt the rifle could have been removed from the truck with such care that [the defendant] would not have been injured. The careless use in connection with the unloading was the negligent act from which the injury stemmed.

Id., 468 P.2d at 566; see also Annotation, Construction and Effect of Provision Excluding Liability for Automobile-Related Injuries or Damage from Coverage of Homeowner’s or Personal Liability Policy, 6 A.L.R. 4th 555 (1981); Annotation, Risks Within “Loading and Unloading” Clause of Motor Vehicle Liability Insurance Policy, 6 A.L.R. 4th 686 (1981). We conclude that under the present facts, coverage for the injuries “arising out of the ... use, loading or unloading” of the insured vehicle is excluded under the Union Mutual policy.

For the foregoing reasons, we answer both certified questions in the affirmative.

All concurring.

1

. The fact that the Commercial Union policy did not specifically define the term "use” in terms of “loading and unloading” does not change our analysis. We note that ''[t]here is adequate precedent for the view that when the policy is silent on the point, loading and unloading is ‘using’ an insured motor vehicle.” American Oil Co. v. Hardware Mutual Casualty Co., 408 F.2d 1365, 1368 (1st Cir.1969). Sanford’s removal of the shotgun from the vehicle in the present case constituted the “unloading” of the vehicle within the plain meaning of that term.

2

. See e.g., Laviana v. Shelby Mutual Ins. Co., 224 F.Supp. 563 (D.Vt.1963); Allstate Ins. Co. v. Valdez, 190 F.Supp. 893 (E.D.Mich.1961); Allstate Ins. Co. v. Truck Ins. Exch., 63 Wis.2d 148, 216 N.W.2d 205 (1974); Morari v. Atlantic Mutual Fire Ins. Co., 105 Ariz. 537, 468 P.2d 564 (1970); Toler v. Country Mutual Ins. Co., 123 Ill.App.3d 386, 78 Ill.Dec. 790, 462 N.E.2d 909 (1984); Travelers Ins. Co. v. Aetna Casualty & Surety Co., 491 S.W.2d 363 (Tenn.1973); Viani v. Aetna Ins. Co., 95 Idaho 22, 501 P.2d 706 (1972), overruled on other grounds, Sloviaczek v. Estate of Puckett, 98 Idaho 371, 565 P.2d 564 (1977). Because of the existence of the causal relationship between the use of the vehicle and resulting injury, the instant case is distinguishable from those cases in which the vehicle involved was merely the "situs" of the resultant injuries. Those cases typically involve the accidental discharge of a firearm inside the vehicle in which an occupant of the vehicle is handling or toying with the weapon. See Cameron Mutual Ins. Co. v. Ward, 599 S.W.2d 13, 15 (Mo.App.1980) and cases cited therein.