(DOWNLOAD) "Sumner Gordon & Another v. Safety" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Sumner Gordon & Another v. Safety
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 05, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Insurance, Coverage, Motor vehicle insurance, uninsured motorist, Construction of policy. Contract, Insurance. Words, ""Use,"" ""Consent."" GREANEY, J. The plaintiffs, Sumner Gordon and Ross D. Gordon (Ross), filed a complaint in the Superior Court seeking a declaration under G. L. c. 231A (1992 ed.) that the Massachusetts automobile insurance policy issued by the defendant, Safety Insurance Company (Safety), provided uninsured motorist benefits in the amount of $100,000 to Ross who was injured while a passenger in a stolen automobile. Safety filed a motion for summary judgment pursuant to Mass. R. Civ. P. 56 (b), 365 Mass. 824 (1974), seeking a declaration that its policy only required it to pay $25,000 in uninsured motorist benefits because Ross had been ""using an auto without the consent of its owner."" A Judge in the Superior Court allowed Safety's motion, and judgment entered dismissing the complaint. We transferred the case to this court on our own motion. We conclude that Safety's policy requires it to pay $25,000 in uninsured motorist benefits. Since Safety is entitled to a declaration to that effect, we vacate the judgment of dismissal and order the entry of the appropriate declaratory judgment.