JOHNSON v. TRAVELERS INDEMNITY COMPANY


359 Mass. 525 (1971)

269 N.E.2d 700

DAVID F. JOHNSON, individually and as administrator, & another vs. TRAVELERS INDEMNITY COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

May 13, 1971.


Attorney(s) appearing for the Case

Frederick S. Pillsbury for the insurer.

Thomas J. O'Connor for the plaintiffs.

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


BRAUCHER, J.

On April 1, 1967, the son of the plaintiffs David F. and Effie Johnson, aged eleven, was struck and killed by an uninsured automobile. The parents had three automobiles, each covered by a separate insurance policy issued by the same insurer. Each policy included Coverage U — Protection Against Uninsured Motorists, with a limit of liability of $5,000 for "each person" in each policy. The boy was an insured under each policy as a relative of the...

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