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McCUE v. PRUDENTIAL INS. CO. OF AMERICA

371 Mass. 659 (1976)

358 N.E.2d 799

MARION McCUE & another vs. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.

Supreme Judicial Court of Massachusetts, Suffolk.

December 31, 1976.

Attorney(s) appearing for the Case

Douglas G. Moxham for the defendant.

David Rapaport for the plaintiffs.

Present: HENNESSEY, C.J., REARDON, BRAUCHER, KAPLAN, & WILKINS, JJ.

REARDON, J.

The plaintiffs, Marion McCue and Paul J. McCue, husband and wife, brought this action against the defendant company (Prudential) and one Shaw to recover under a Prudential policy known as the Coordinated Health Insurance Plan (CHIP). The declaration was in three counts, the first alleging that Prudential had insured the plaintiffs under its CHIP policy; the second that the defendants had violated their agreement...

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