MAINE—DUTY TO DEFEND/INTENTIONAL ACTS
Allegations that a lobsterman conspired to destroy a competitor's traps triggered a duty to defend under a homeowner's policy, notwithstanding the allegations of intentional acts and conspiracy to injure. The Maine Supreme Judicial ruled in Mitchell v. Allstate Insurance Co., 2011 ME 133 (Me. Dec. 22, 2011), that although the insured's dominion over the plaintiff's property by exercising possession over it would not have triggered coverage, since that would not have resulted in third-party property damage, it could conceive of a scenario in which other individuals cut the plaintiff's lobster traps that the insured subsequently located and took without knowing that they belonged to the plaintiff, damaging them in the process. Under these circumstances, the court found that the insured could have exercised dominion over the plaintiff's goods, damaging them in the process, so as to create a claim for conversion without any intent to cause injury to the plaintiff's property.