CHICOINE v. STATE FARM MUTUAL AUTOMOBILE INS. CO.


351 Mass. 664 (1967)

223 N.E.2d 510

ALFRED J. CHICOINE, JR., vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Worcester.

February 3, 1967.


Attorney(s) appearing for the Case

Thomas S. Carey, for the plaintiff, submitted a brief.

John B. Killilea (David B. Avery with him) for the defendant State Farm Mutual Automobile Insurance Company.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & SPIEGEL, JJ.


WILKINS, C.J.

In this action of tort or contract a demurrer to the declaration was sustained for failure to state a cause of action. The plaintiff appealed.

The lengthy declaration alleges the following: In a policy insuring the defendant Warren H. Greer the defendant insurer agreed to pay all sums, but not more than $26,336.10, which Greer should become obligated to pay for bodily injuries sustained by any one person as a result of Greer's operation of a...

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