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HAWKES v. COMMERCIAL UNION INS. CO.

764 A.2d 258 (2001)

2001 ME 8

Karl HAWKES v. COMMERCIAL UNION INSURANCE COMPANY.

Supreme Judicial Court of Maine.

Decided January 16, 2001.

Attorney(s) appearing for the Case

James M. Fongemie, Ralph L. Tucker, McTeague, Higbee, Case, Cohen, Whiteny & Toker, P.A., Topsham, for plaintiff.

Mark G. Lavoie, Christopher C. Taintor, Aaron K. Baltes, Norman, Hanson & De-Troy, LLC, Portland, for Commercial Union.

James W. Strong, Thomaston, for defendant.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

CALKINS, J.

[¶ 1] Commercial Union Insurance Company appeals from a judgment entered in the Superior Court (Cumberland County, Warren, J.) denying its motion for summary judgment. Commercial Union argues that Karl Hawkes' claims are barred by the immunity and exclusivity provisions of the Workers' Compensation Act, 39-A M.R.S.A. §§ 104, 408 (Pamph.2000), or, alternatively, by settlement documents. We agree with the Superior Court that the Workers...

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