Yesterday the Law Court, in an opinion written by Justice Connors, Concord General Mutual Ins. Co. v. Estate of Collette J. Boure, touched on two important appellate issues – one of which has been addressed often on this blog. The issues involve timeliness of an appeal and the need for cross-appeals.
The case involved claims for insurance coverage in a motor vehicle accident. One insurance company, Concord General Mutual Insurance Co., filed a declaratory judgment action against the decedent’s estate. The Estate counterclaimed and brought a separate action against another insurer, 21st Century Centennial Insurance Co. After consolidating the cases, the Superior Court granted summary judgment in the insurers’ favor. Judgment entered in favor of Concord on March 4, 2020, and in favor of 21st Century on February 24, 2021. The Estate then appealed on March 10, 2021, identifying both judgments, and Concord filed a cross-appeal to argue for affirmance based on alternative grounds.