FOSHEE v. INSURANCE CO. OF NORTH AMERICA


359 Mass. 471 (1971)

269 N.E.2d 677

NAOMI FOSHEE vs. INSURANCE COMPANY OF NORTH AMERICA & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 10, 1971.


Attorney(s) appearing for the Case

Enoch O'Donnell Woodhouse, II, for the plaintiff.

Joseph W. Lobdell for Insurance Company of North America.

Present: TAURO, C.J., SPIEGEL, REARDON, QUIRICO, & BRAUCHER, JJ.


TAURO, C.J.

We have before us an appeal from a final decree dismissing a bill in equity to reach and apply the noncompulsory coverage of a motor vehicle insurance policy issued by the defendant Insurance Company of North America (the insurer) to the other defendant Roosevelt Robinson (the insured). The plaintiff, a guest in the insured's car, brought an action against him for personal injuries. When, after several continuances, the action was reached for trial in...

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