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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ELLEN TOBIN and JAMES TOBIN, Individually and as parents and next friends of minor child WT, Plaintiffs v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Defendant ) ) ) ) ) ) ) ) ) ) ) )

Civil No. 9-117-B-S

RECOMMENDED DECISION AND ORDER The Tobins' minor child, WT, was injured at Sugarloaf Mountain when an adult skier, David Costello, struck the child with his skis. The Tobins sued Costello in Maine state court on behalf of their son, and Costello then impleaded Kathleen Summers, a Tobin family friend who was responsible for WT's care and supervision at the time of the accident. The Tobins then brought a declaratory judgment action against National Grange Mutual, their insurer under a homeowner's policy, seeking the costs of defense for Summers and coverage for any damage award that might be assessed against Summers and in favor of their son in the underlying action. Count II of the complaint, brought pursuant to 24-A M.R.S.

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Maine Law