Dickau v. Vermont Mut. Ins. Co.Annotate this Case
James Dickau was injured when he was struck by a vehicle driven by Irida Macomber. At the time of the accident, Dickau was covered by two insurance policies - a Dairyland Insurance Company policy and a Vermont Mutual personal umbrella policy. Dickau settled his claim against Macomber for her policy limit and also settled his claim for uninsured motorist benefits with Dairyland. Dickau then sought a declaratory judgment that his umbrella policy with Vermont Mutual provides for uninsured motorist coverage, and alternatively, that Vermont Mutual was required to provide uninsured motorist coverage under statute. The superior court granted Vermont Mutual’s motion for summary judgment. The Supreme Court affirmed, holding (1) Dickau’s umbrella policy with Vermont Mutual itself unambiguously provides no UM coverage; and (2) Maine’s UM statute does not require Vermont Mutual to provide UM coverage in the umbrella policy.