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HERSEY v. KEMPER INDEPENDENCE INSURANCE COMPANY

No. CV-10-31-B-W.

685 F.Supp.2d 150 (2010)

Tammy HERSEY, as Personal Representative of the Estate of Jason Hersey, Plaintiff, v. KEMPER INDEPENDENCE INSURANCE COMPANY, Defendant.

United States District Court, D. Maine.

February 16, 2010.

Attorney(s) appearing for the Case

Peter S. Kelley, Law Office of Peter S. Kelley, Esq., Caribou, ME, for Plaintiff.

John B. Lucy, Richardson, Whitman, Large & Badger, Bangor, ME, for Defendant.

ORDER ON MOTION TO DISMISS

JOHN A. WOODCOCK, JR., Chief Judge.

The Court denies a homeowner insurer's motion to dismiss a reach and apply action because the allegations of the complaint are sufficient to state a claim.

I. STATEMENT OF FACTS

On December 28, 2009, the Estate of Jason Hersey (Estate), through its personal representative Tammy Hersey, filed a reach and apply action pursuant to 24-A M.R.S.A. § 2904 against Kemper Independence...

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