DAWN M. HARLOR v. AMICA MUTUAL INSURANCE COMPANY, 2016 ME 161

Summary

HOLDINGS: [1]-The plaintiffs' allegations of damages from an insured's interference with an advantageous relationship arguably constituted an accident or occurrence under the personal liability provisions of the insured's policy; [2]-Under the comparison test for an insurer's duty to defend, there was a possibility that the plaintiffs could have shown that they suffered bodily injury as a result of emotional distress caused by the insured's interference with plaintiffs' advantageous relationship through intimidation and fraud; [3]-The insurer had a duty to defend and breached it; [4]-Under Me. Rev. Stat. Ann. tit. 24-A, § 2436-B(2) (2015), the insurer was liable for the insured's reasonable attorney's fees and costs; [5]-Further proceedings were required to resolve whether the insurer was required to indemnify the insured for the amount that she paid to settle the underlying action.