ROCKLAND, Maine — An insurance company has asked a state court to rule on whether it is responsible for defending or paying any damages that may be assessed against an Owls Head client accused of assaulting and stalking a former female companion.
MMG Insurance Co. filed a complaint Tuesday in Knox County Superior Court asking for a declaratory judgment on who is responsible to defend and cover Randy B. Smith of Owls Head.
Smith, 63, obtained homeowners insurance from MMG in January, according to the company’s court complaint.
Smith is charged with assault and six counts of violating terms of his release on bail. He was charged with the offenses earlier this year, and a judge issued arrest warrants after Smith failed to appear in court in May. Smith has yet to be apprehended.
In April, the victim in the alleged crimes — a Camden woman — filed a civil lawsuit against Smith, seeking monetary damages for assault, battery, false imprisonment and intentional infliction of emotional distress. The alleged acts occurred at her home.
Judge Patricia Worth ordered a $100,000 attachment be placed on Smith’s property, saying that the woman was more likely than not to win her lawsuit.
Attorney James Poloquin, who represents MMG, said Wednesday that homeowners insurance can cover actions that occur off an insured premise. He gave the example of a person throwing a ball in a field and striking someone else as a matter that could be covered. Intentional acts would not be covered by the homeowners insurance, according to Poloquin. Right now, Smith has been accused of causing injuries to another person but has not been convicted of a crime, he said.
MMG wants the court to issue an order on whether MMG must pay any damages if they are awarded, whether it must defend Smith or whether a previous insurer, Amica Mutual Insurance, must pay a share of the defense or any damages, if they are awarded.
Amica has declined to defend Smith but MMG has agreed to defend him with the condition that it can go to court to request that defense costs be shared by both insurers.
MMG claims that most of the alleged misconduct by Smith occurred before it issued the policy to him. MMG also argues in its lawsuit that Amica had covered Smith in earlier policies — including renters’ policies.
The lawsuit against Smith by the Camden woman is pending in court.