Allstate Insurance Co. v. Earley , 502 A.2d 1047 ( 1986 )


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  • MEMORANDUM OF DECISION.

    Joseph E. Earley appeals a decision of the Superior Court, Cumberland County, denying his claim for attorney fees incurred by Earley in his successful defense of a declaratory judgment action brought by his insurer, Allstate Insurance Company. Allstate sought to avoid any obligation to afford liability coverage to Earley in relation to a claim against him for personal injuries that resulted from a shooting. (For a description of the incident, see State v. Earley, 454 A.2d 341, 342-43 (Me.1983)). We have recently decided that in these circumstances the insured is not entitled to attorney fees unless the insurer’s actions can be attributed to a “bad-faith refusal to honor its contract obligation to defend.” Union Mutual Fire Insurance Co. v. Town of Topsham, 441 A.2d 1012, 1019 (Me.1982).

    The entry is:

    Judgment affirmed.

    All concurring.

Document Info

Citation Numbers: 502 A.2d 1047

Judges: Glassman, McKusick, Nichols, Roberts, Scolnik, Wathen

Filed Date: 1/9/1986

Precedential Status: Precedential

Modified Date: 9/24/2021