Jipson v. Liberty Mut. Fire Ins. Co.
| Decision Date | 11 January 2007 |
| Citation | 912 A.2d 1250,2007 ME 10 |
| Parties | Craig O. JIPSON v. LIBERTY MUTUAL FIRE INSURANCE COMPANY. |
| Court | Maine Supreme Court |
Sheldon J. Tepler, Hardy, Wolf & Downing, P.A., Lewiston, for plaintiff.
Gregory M. Patient, Law Offices of Frederick C. Moore, Portland, for defendant.
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.
[¶ 1] Craig O. Jipson appeals from the entry of a dismissal by agreement, with prejudice, following a summary judgment entered in the Superior Court (Androscoggin County, Gorman, J.) on his complaint against Liberty Mutual Fire Insurance Company for payment pursuant to his underinsured motorists policy. Jipson contends that the court erred in its determination that Liberty Mutual could offset payments made by an underinsured tortfeasor to Jipson against the policy's liability limits. Because the case was dismissed with prejudice, upon the explicit signed agreement of both parties, Jipson's appeal fails to present a justiciable controversy. We therefore dismiss the appeal.
[¶ 2] On August 27, 2004, Craig Jipson was injured in an automobile accident with Garrett McCafferty. At the time, Jipson maintained underinsured motorists coverage in the amount of $100,000, per person, with Liberty Mutual. For his injuries, Jipson recovered $50,000 from McCafferty's insurance carrier, the full extent of the carrier's liability. Jipson then filed a complaint against Liberty Mutual, alleging that because McCafferty was underinsured, he was due payment pursuant to his underinsured motorists policy for up to the full $100,000 of coverage. Liberty Mutual offset the $50,000 payment from McCafferty's insurance carrier against its $100,000 of coverage, and accordingly tendered $50,000 to Jipson.
[¶ 3] Liberty Mutual filed a motion for summary judgment, asking the court to rule that its maximum liability was $50,000 because the $50,000 paid by McCafferty's insurance carrier should be offset against the $100,000 policy limit. Jipson argued that Liberty Mutual's maximum liability was potentially $100,000 because the $50,000 payment should be offset against Jipson's total damages.
[¶ 4] Liberty Mutual's statement of material facts alleged only the following: (1) Jipson and McCafferty were in an automobile accident; (2) at the time of the accident, Jipson maintained underinsured motorists coverage in the amount of $100,000, per person, with Liberty Mutual; (3) Jipson's policy provided for a setoff for sums paid by legally responsible parties; and (4) McCafferty's insurance carrier had paid Jipson $50,000 for his injuries. Jipson admitted every point. The undisputed facts, however, contained no information that would support a finding that Jipson's damages exceeded $100,000, the total amount in payments he had already received. Nevertheless, at the parties' request, the court addressed the hypothetical question presented, limited Liberty Mutual's liability to $50,000, and granted the summary judgment on that issue to Liberty Mutual. The parties then filed an agreed-upon motion for final judgment and presented the court with an order that dismissed the action with prejudice. The court signed the agreed-upon dismissal. Jipson now appeals, arguing that the terms of his insurance policy entitle him to receive up to the full $100,000 provided under his underinsured motorists coverage.
[¶ 5] There are two problems with the procedural posture of this case that prevent our review. First, absent from the undisputed facts is the amount of Jipson's total damages, which must be determined to create a live dispute. Because Jipson...
To continue reading
Request your trial
-
Johnson v. Crane
...of cases that present justiciable controversies, and do not review matters that present merely theoretical disputes." Jipson v. Liberty Mut. Fire Ins. Co , 2007 ME 10, ¶ 5, 912 A.2d 1250 ; see also Lewiston Daily Sun v. Sch. Admin. Dist. No. 43 , 1999 ME 143, ¶ 12, 738 A.2d 1239 ("Courts ca......
-
Jipson v. Liberty Mut. Fire Ins. Co.
...prejudice, upon the explicit signed agreement of both parties, Jipson's appeal fails to present a justiciable controversy." Jipson v. Liberty Mutual, 2007 ME 10, ¶ 1, 912 A.2d 1250, [¶ 4] Jipson then filed an unopposed motion for relief from judgment. By agreement of the parties, the court ......
-
Quirion v. Veilleux
...Inc. v. L. Addison & Assocs., 156 F.3d 101, 107 (1st Cir.1998). We have previously rejected this approach in Jipson v. Liberty Mutual Fire Insurance Co., 2007 ME 10, ¶¶ 1, 6, 912 A.2d 1250, citing the Eleventh Circuit's decision in Druhan v. American Mutual Life, 166 F.3d 1324, 1326 (11th C......
-
Molleur v. Dairyland Ins. Co.
...policy, Farley was "underinsured." 24-A M.R.S. § 2902(1) (2007). 3. This matter is distinguishable from Jipson v. Liberty Mutual Fire Insurance Co., 2007 ME 10, 912 A.2d 1250, where we dismissed a facially similar appeal. Jipson concerned a dispute between an insured driver and his insurer ......