In MacDowall v. MMG Ins. Co., (2007 ME 56), a pedestrian who obtained a money judgment against a tortfeasor regarding personal injuries that were sustained when the pedestrian was struck by a car driven by the tortfeasor, brought a reach-and-apply action against the tortfeasor's automobile insurer.

The tortfeasor's insurer contended that it did not receive a meaningful opportunity to participate in the underlying tort action and thus did not receive due process in the reach-and-apply action.