Supreme Judicial Court of Maine

Estate of Albert Bean Sr. v. City of Bangor

May 31, 2022275 A.3d 324

Summary

The Maine Supreme Judicial Court dismissed the City of Bangor’s interlocutory appeal of the Superior Court’s denial of summary judgment, holding that an appeal of an immunity defense is not immediately reviewable when factual questions—specifically the existence of insurance coverage—remain unresolved. The Court also affirmed that the governmental entity asserting MTCA immunity bears the burden of proving lack of insurance coverage.