Alicia Rowe v. State Mutual Insurance Company

Belfast, Maine insurance lawyer represented the Plaintiff who brought a reach-and-apply action that Rowe brought pursuant to 24-A M.R.S. § 2904 (2019).[1] See Ashe v. Enter. Rent-A-Car, 2003 ME 147, ¶ 14, 838 A.2d 1157 ("The reach and apply statute . . . enables a judgment creditor to have insurance money applied to the satisfaction of [a] judgment by bringing an action against the judgment debtor's insurer if [there] was insur[ance coverage] for the liability forming the basis of the



In 1995, William and Gwen Chase purchased a parcel of land of about thirteen acres in size located on Winnecook Road in Burnham, Maine. The Chases cleared some of the lot and installed a well and septic system.[2] In 1996, the Chases purchased a mobile home, which they placed on the parcel. The Chases rented out the property with the mobile home on it to various family members, relatives, friends, and the public.



On October 30, 2019, the Chases were looking for tenants to occupy the property. Rowe had scheduled an appointment that day to examine the mobile home, with a view toward renting the property.[4] When Rowe arrived, the Chases were showing the mobile home to another prospective tenant. As Rowe went to enter the mobile home, she stepped into a hidden twelve-inch-wide gap between the mobile home and the entryway stairs.[5] William Chase was in the process of replacing a door to the mobile home and the associated siding, and he had pulled the entryway stairs about twelve inches away from the mobile home, leaving the gap. Rowe's right foot fell nearly to the ground, her left foot remained on the entryway stairs, and she was

injured.[6] William Chase admitted at his discovery deposition that he should have warned Rowe about the gap prior to her arrival.



State Mutual had issued a Master Mobile Homeowners policy to the Chases that was in effect at the time of the injury with a policy period of November 30, 2018, to November 30, 2019 (the Policy). The Chases own another property located on Troy Road in Burnham, Maine, and it was this property that was identified as the covered premises on the declarations page of the Policy.[7] The premises located on Winnecook Road in Burnham-where Rowe's injury took place-was not identified as the covered property on the declarations page of the Policy.



In January 2022, Rowe and the Chases entered into a settlement agreement and stipulated judgment for $500,000 to be awarded to Rowe. As part of the stipulated judgment, the Chases paid $50,000 of their own money to Rowe.

Summary judgment in favor of the Defendant.



Affirmed