Michael Fortin v. Jacob Titcomb

Summary

The Maine Supreme Judicial Court answered a certified question from the United States Court of Appeals for the First Circuit concerning the damages limit applicable to a governmental employee sued in an individual capacity. The court held that, regardless of available insurance coverage, the employee's personal liability for negligent acts within the scope of employment is limited to $10,000 under 14 M.R.S. § 8104-D. The court declined to answer a second certified question concerning interpretation of an ambiguous insurance policy.

Holdings

1. Whether or not an insurance policy is available to cover the judgment, the employee's personal liability for negligent acts or omissions within the course and scope of employment is limited to $10,000 under 14 M.R.S. § 8104-D.
2. The court declined to answer the second certified question because its answer would not be determinative of the case after the court concluded that Titcomb's individual liability was limited to $10,000 regardless of insurance.

Questions Presented

1. Whether the applicable limit on damages against a government employee sued in his personal capacity is the $10,000 limit in 14 M.R.S. § 8104-D or the higher limit available under 14 M.R.S. §§ 8105(1) and 8116 when insurance is available.
2. Whether the Maine Supreme Judicial Court should answer the certified question concerning interpretive principles applicable to an ambiguous insurance policy procured by a governmental body to cover Maine Tort Claims Act liability.

Disposition

other