Tibbetts v. Maine Bonding & Casualty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an insurance policy’s offset provision was unenforceable because section 2902(4) does not authorize a reduction for proceeds received from a fully insured joint tortfeasor
• holding that an insurance policy's offset provision was unenforceable because section 2902(4) does not authorize a reduction for proceeds received from a fully insured joint tortfeasor
• stating that “when the terms of an insurance policy conflict with mandatory statutory provisions, the statutory provisions must prevail”
• stating that “when the terms of an insurance policy conflict with mandatory statutory provisions, the statutory provisions must prevail”
• “[W]hen the terms of an insurance policy conflict with mandatory statutory provisions, the statutory provisions must prevail.”
• “Therefore, the insurer’s right of subrogation also applies only to proceeds received from, or on behalf of, the operator of the underinsured vehicle that triggered the insurer’s obligation.”

Source: CourtListener parenthetical corpus (CC0).