Ivanov v. Phenix Mutual Fire Insurance

Summary

The Maine Law Court vacated a summary judgment for Phenix Mutual Fire Insurance Company in an insurance coverage dispute arising from the destruction of a property by fire. The court held that genuine issues of material fact existed concerning the information provided to the insurance agent, the policy change from builder’s risk to homeowner’s coverage, and the parties’ understanding of the coverage. The court also provided guidance concerning the use and supervision of interpreters during depositions.

Holdings

1. Summary judgment was improper because genuine issues of material fact existed concerning the circumstances under which Phenix's homeowner's policy was selected and issued.
2. The court could not resolve the coverage dispute solely by determining that 'residence premises' was unambiguous because the material dispute concerned the circumstances under which the policy was procured and the coverage the agent understood and selected.

Questions Presented

1. Whether summary judgment was proper when material factual disputes existed concerning the information provided to the insurance agent, the agent's disclosures, the change from builder's risk insurance to homeowner's insurance, who selected the policy, and the property's status when the policy was issued.
2. Whether the disputed circumstances surrounding procurement of the homeowner's policy could support coverage beyond the policy's literal language and therefore required resolution by a fact-finder.

Disposition

reversed_and_remanded