
    2000 ME 42
    Theresa LOBOZZO v. PROGRESSIVE CASUALTY INSURANCE COMPANY.
    Supreme Judicial Court of Maine.
    Argued: Sept. 10, 2001.
    Decided: March 19, 2002.
    Edward Rabasco, Jr., Verne E. Paradie, Jr. (orally), Gosselin, Dubord & Rabasco, P.A., Lewiston, for plaintiff.
    John J. Wall, III (orally), Kenneth D. Pierce, Monaghan Leahy, LLP, Portland, for defendant.
    Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.
    
    
      
       Wathen, C J., sat at oral argument and participated in the initial conference, but resigned before this opinion was adopted.
    
   PER CURIAM.

[¶ 1] Theresa Lobozzo appeals from the summary judgment in favor of Progressive Casualty Insurance Company entered in the Superior Court (Androscoggin County, Delahanty, J.) contending the court erred as a matter of law in its interpretation of 24-A M.R.S.A. § 2902-B (2000) by misconstruing what an insurance company must do to exclude coverage for injuries to a motorcycle passenger. Progressive cross-appeals, contending the Superior Court abused its discretion by excluding an affidavit as a discovery sanction. We affirm the discovery sanction; and because the Court is evenly divided, we affirm the summary judgment.

The entry is:

Judgment affirmed.  