INSURANCE-RELATED COURT CASES
Digested from case reports published online
COURT DECISIONS
Wrestling claim denied
Jodi Greenlaw, individually and as personal representative of the estate of her late husband Philip J. Greenlaw, appealed from a judgment of the Superior Court of Cumberland County granting a motion for summary judgment filed by MMG Insurance Company (MMG) on MMG’s complaint. The complaint sought a declaratory judgment that it had no duty to indemnify Joseph McNeely, a close friend of Greenlaw, in a separate wrongful death action that the estate filed against McNeely after Greenlaw’s death.
The dispute arose after the death of Greenlaw, who was put in a chokehold and lost consciousness while wrestling with McNeely, who attempted to revive him before he died. Prior to the incident McNeely, who operated a landscaping business, had visited Greenlaw’s house to provide an estimate for a landscaping project. The visit was part of an informal social gathering where alcoholic beverages were consumed and business-related topics were often discussed. After the incident the estate filed a wrongful death action against McNeely. MMG, which had issued a businessowners policy to McNeely, sought a declaratory judgment that it had no duty to indemnify McNeely in the wrongful death action.
The superior court of Cumberland County granted MMG’s motion for summary judgment, determining that McNeely was not covered as an insured under MMG’s policy because his actions while wrestling with Greenlaw were not related to the conduct of his landscaping business. The estate appealed this decision, arguing that there were triable issues of fact regarding whether Greenlaw’s death occurred with respect to the conduct of McNeely’s business.
The Maine Supreme Judicial Court affirmed the lower court’s judgment. The court found that the policy provision was unambiguous and that McNeely was covered as an insured only with respect to the conduct of his business.
The court also agreed with the lower court’s determination that there was no genuine issue of material fact and that McNeely’s actions while wrestling with Greenlaw were not related to the conduct of his landscaping business. Despite the business-related discussions and activities that occurred earlier in the evening, the court concluded that McNeely’s wrestling actions were not taken with respect to the conduct of his business.
MMG Insurance Company v. Estate of Philip J. Greenlaw et al.—Maine Supreme Judicial Court—No. 23-228—April 18, 2024.
