Worcester Ins. Co. v. Dairyland Ins. Co.

Worcester Ins. Co. v. Dairyland Ins. Co.

Opinion

 [*1051]  This appeal concerns insurance provided to Darren B. Smith by a homeowner's insurance policy issued by the plaintiff, Worcester Insurance Company (Worcester), and an automobile insurance policy issued by Dairyland Insurance Company (Dairyland). Worcester filed an action against the defendants, Dairyland, Kristin M. Baxter and her parents William and Nancy Baxter (Baxters), Darren B. Smith and his father, Bayne H. Smith (Smiths), and Ricky C. Robinson and his father, Clifton Robinson (Robinsons), seeking, inter alia, a declaratory judgment that its homeowner's policy did not cover the Baxters' claims against the Smiths. Worcester  [**2]  also sought reimbursement from Dairyland for the expenses incurred by Worcester in providing a defense for Darren Smith.

After a hearing on Worcester's motion for a summary judgment, the Superior Court (Androscoggin County, Delahanty, J.) held that Worcester was not liable under its policy for the Baxters' claims and was not required to continue to provide a defense for the Smiths against such claims. The court also held that Worcester could not recover its defense costs expended on behalf of Darren Smith from Dairyland and entered a judgment for Worcester on the first issue and for Dairyland on the other issue.

The Baxters appeal the ruling regarding Worcester's liability and Worcester cross-appeals from the denial of its claim for reimbursement of its costs from Dairyland. We affirm the judgment.

The coverage issues in this case arise from an action filed by the Baxters against the Smiths and Robinsons seeking damages for a gunshot wound suffered by Kristin Baxter because of the alleged negligent handling by Darren Smith of a rifle owned by the Robinsons. Worcester began the investigation of the Baxters' claims and the defense of the Smiths. Through discovery procedures, Worcester  [**3]  became aware that Kristin's injury occurred while Darren was  [*1052]  loading the rifle into the open back of his pick-up truck.

The Worcester homeowner's policy contains the following coverage exclusion:

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