JERALD E. GREENVALL, Personal Representative of the Estate of Carla Madore v. MAINE MUTUAL FIRE INSURANCE COMPANY, 1998 ME 204

Summary

The deceased died as a result of injuries sustained when her car collided with a truck. At the time of accident, she was insured under an automobile liability policy issued by the insurance company. Pursuant to the medical payments provision of the policy, the insurance company paid the estate for funeral expenses. The insurance company then notified the subrogation insurance company who paid an amount to the estate. The attorney for the estate notified the insurance company of the settlement and stated that the estate would accept $ 200,000, which was the difference between the $ 300,000 uninsured coverage in the insurance company's policy and the $ 100,000 liability coverage in the subrogation policy, in full settlement of the estate's claim. At issue was whether an insured had the right to bring a direct action against her insurer without first proceeding against the uninsured tortfeasor. On appeal, the court held that obtaining a judgment against the tortfeasor was not the ...