In Maine an Insurance Contract Means What it Says
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The Maine Supreme Judicial Court was asked, in Arthur Bibeau v. Concord General, Docket: Cum-20-149, 2021 ME 4, Maine Supreme Judicial Court (January 26, 2021), to determine whether the provisions of a homeowner’s insurance policy unambiguously exclude coverage for substantial losses sustained by the policy holder. Bibeau argues, among other things, that the court erred when it found that the policy unambiguously excluded from coverage losses caused by earth movement.
ZALMA OPINION
The courts of the state of Maine have accepted the fact that an insurance contract means what it says. When the policy clearly and unambiguously excludes coverage for “earth movement” however caused and any “earth movement” even if other causes concurred with the earth movement to cause damage. Since there was no question that the damage was caused by earth movement the court had no choice but to refuse payment.
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