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MUTUAL FIRE INS. CO. v. HANCOCK

634 A.2d 1312 (1993)

MUTUAL FIRE INSURANCE COMPANY, v. Thomas N. HANCOCK et al.

Supreme Judicial Court of Maine.

Decided December 22, 1993.

Attorney(s) appearing for the Case

John H. O'Neil, Jr. (orally), Smith, Elliott, Smith & Garmey, Saco, for plaintiff.

Theodore K. Hoch (orally), Bath, Robert V. Hoy, Platz & Thompson, P.A., Lewiston, for defendant.

Before ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.

RUDMAN, Justice.

Mutual Fire Insurance Company ("Mutual") appeals from the judgment entered after a jury-waived trial in the Superior Court (Lincoln County, Bradford, J.) holding that Mutual had a duty under Thomas Hancock's homeowner's insurance policy to defend and indemnify Hancock, who, while in a state of alcoholic blackout, beat and raped Jane Doe.1 We vacate the decision of the trial court.

On November 14, 1990, Hancock...

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