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MICHELE PERKINS, Personal )
Representative of the Estate of Guy )
Perkins, )
)
Plaintiff, )
)

v. )
) UNITED STATES AVIATION ) UNDERWRITERS INC., d/b/a ) UNITED STATES AIRCRAFT ) INSURANCE GROUP, )
) Defendant. )
Civil No. 04-172-B-W
RECOMMENDED DECISION ON PLAINTIFF'S
MOTION FOR SUMMARY JUDGMENT

Michele Perkins, the personal representative of the Estate of Guy Perkins, brings this action against United States Aviation Underwriters Inc. d/b/a United States Aircraft Insurance Group (USAIG) to recover proceeds from a policy of insurance USAIG issued to the owner of a Cessna model 182S aircraft that Guy Perkins was piloting when it crashed into Saddleback Mountain on October 11, 2002, resulting in the death of Guy Perkins. The parties dispute whether the policy language extend s "Voluntary Settlement Coverage" to the Estate and the Estate now moves for summary judgment that it does. In addition, the Estate moves for summary judgment aga inst a subrogation counterclaim.  I recommend that the court grant the Estate's motion, in part.
FACTS
The following statement of facts is drawn from the parties' Local Rule 56 statements of material fact in accordance with this District's summary judgment practice.  See Doe v. Solvay Rule 56 of the Federal Rules of Civil Procedure, all evidentiary disputes appropriately generated by the parties' statements have been resolved, for purposes of summary judgment only, in favor of the non-movant. Merchants Ins. Co. v. United States Fid. & Guar. Co., 143 F.3d 5, 7 (1st Cir. 1998).
Lex Transportation purchased the Cessna 182 in 2000. (Pl.'s Statement

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Maine Law