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Holmquist v. Farm Family Casualty Insurance Co.

United States District Court for the District of Maine

800 F. Supp. 2d 305 (2011)

Facts

Clifford Holmquist was injured in an accident while driving a truck for his employer. Holmquist filed a workers’-compensation claim against the employer. At a hearing on this claim before the Maine Workers’ Compensation Board (the board), Holmquist testified that another truck caused the accident but did not stop afterward, leaving Holmquist unable to identify the driver. Holmquist had personal car insurance with Farm Family Casualty Insurance Company (Farm Family) (defendant). The policy had a “hit and run” section that covered accidents caused by the negligence of another driver who could not be identified. Holmquist died, and his wife, Deborah Holmquist (Deborah) (plaintiff) filed a claim with Farm Family as Holmquist’s personal representative. Deborah brought the claim under the “hit and run” provision in the insurance policy. Farm Family denied the claim, and Deborah sued Farm Family. Farm Family moved for summary judgment on the ground that there was no admissible evidence that another driver caused the accident.

Rule of Law

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Issue

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Holding and Reasoning (Singal, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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