MacLELLAN v. LIBERTY MUTUAL INS. CO.


346 Mass. 415 (1963)

193 N.E.2d 577

JOSEPH C. MacLELLAN, executor, vs. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

November 4, 1963.


Attorney(s) appearing for the Case

Arthur D. Giustina for the defendant.

Thomas S. Carey for the plaintiff.

Present: SPALDING, WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


SPALDING, J.

On April 16, 1958, Walter G. Bruce was involved in an automobile accident which resulted in the death of Barbara A. MacLellan. Her executor brought an action against Bruce in which he obtained a judgment in the sum of $65,218.83. This judgment has been reduced by the payment of $25,000 and this suit is brought to reach and apply the proceeds of an insurance policy written by Liberty Mutual Insurance Company (Liberty). The judge made findings of material...

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