Attorney Marc Frenette of Skelton, Taintor & Abbott recently won a decision in the Maine Supreme Judicial Court, sitting as the Law Court, in the matter of Edwin Mitchell v. Allstate Insurance Company, 2011 ME 133, in which the Law Court held that Allstate Insurance Company had a duty to provide a defense to Edwin Mitchell under his homeowner’s policy against a complaint alleging intentional infliction of emotional distress and conversion of another person’s lobster traps or gear.

In this case, Mr. Mitchell was a lobster fisherman working in the waters off of Matinicus Island.  In September, 2008, Victor Ames sued twenty-three people, including Mitchell and numerous other lobster fishermen on Matinicus Island, and certain state officials.  Among other things, Ames alleged generally that a group of Matinicus Island lobster fishermen had conspired to prevent him from fishing for lobster in the area and he brought suit against Mitchell alleging conversion based on Mitchell’s alleged participation in a “fishermen’s group” that “destroyed, converted, molested and rendered useless” Ames’ lobster traps and fishing gear near Matinicus Island.  After being served with the Ames’ complaint, Mitchell contacted Allstate Insurance Company requesting that it provide him with a defense under his homeowner’s policy, but Allstate declined to provide coverage.  Mitchell retained his own counsel and was successful in defending himself against the Ames suit but incurred thousands of dollars in attorney’s fees and litigation costs.  After successfully defending himself, Mitchell brought suit against Allstate for breach of contract under the insurance policy due to Allstate’s failure to defend him in the Ames litigation.  The trial court initially concluded that Allstate had no contractual duty to defend Mitchell, and Mitchell was forced to appeal to the Maine Law Court. 

After the matter was fully briefed and argued, the Maine Law Court determined that Allstate had in fact breached its contract with Mitchell under the homeowner’s insurance policy and owed Mitchell a duty to defend.  It reversed the trial court’s decision and remanded the matter for further proceedings to determine the amount of contract damages Mitchell should be awarded. 

Attorney Marc Frenette and the attorneys at Skelton, Taintor & Abbott are experienced insurance attorneys representing both individuals and insurance companies with regards to their respective rights under insurance policies and contracts. Since 1853, Skelton, Taintor & Abbott has been an integral part of Maine, building strong relationships and contributing to the communities we serve.  If your company is involved in an insurance dispute and needs competent legal advice, contact the insurance attorneys at Skelton, Taintor & Abbott at 800-639-7026 to learn more about your legal options.