Liberty Ins. Underwriters, Inc. v. Howison

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i s SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-06-18 PP: --yo1 I I STATE OF MAINE YORK, ss. % Martica Douglas, Esq. LIBERTY INSURANCE UNDERWRITERS, INC., Plaintiff WILLIAM HOWISON, ESQ., PERSONAL REPRESENTATIVE OF THE ESTATE OF PETER D. FAULKNER, et al., Defendants %a;& - PL i~;;pgg;&gEs:q. -DEFS Robert Mittel, Esq.- DEF. (Blethen Maine Newspapers, Inc John Rich, Esq.- DEF.- William Howison,Esq. PR Est. of Peter ORDER Faulkner) Thomas Van Houten, Esq. - DEF. (John Bshara, Jr.) James Shirley, Esq. - DEF Cooke & Young Development LLC) DONALD L. GARERECHI Gilles & Lorraine Fecteau - DE LAW LIBRARY (pro se) Denise M. Bass - DEF - (pro se MAY 1 3 2007 Claire Hussey - DEF - (pro se) Both Defendant Cooke & ,Young, LLC and the filed motions for reconsideration of the ordek and decision in this case of sept;mber 19, 2006. Both motions are denied. I have reexamined the m e n t and earlier versions of 24-A M.R.S.A. 52411 and the opinions in American Home Assurance v. Ingeneri, 479 A.2d 897, 901 (Me. 1984), Marchiori v. American Republic Insurance Co., 662 A.2d 932, 934 (Me. 1995) and York Mutual Insurance Co. v. Bowman, 2000 ME 27, ¶¶5-11, 746 A.2d 906, 907-9. The legislation and the opinions indicate that, other than taking the word "or" after "1. Fraudulent" and changing it to "and", the plaintiff must prove exactly what the legislation says it must in order to void the policy. The entries are: Defendant Cooke & Young, LLC's motion to reconsider is denied. Plaintiff's cross-motion for reconsideration is denied. Dated: January 10,2007 V (l / c( ~ @ d iC; t ~ n Paul A. Fritzsche * Justice, Superior Court

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