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FLAHERTY v. TRAVELERS INS. CO.

369 Mass. 482 (1976)

340 N.E.2d 888

THOMAS F. FLAHERTY vs. THE TRAVELERS INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

January 7, 1976.

Attorney(s) appearing for the Case

Joseph Stashio for the plaintiff.

Neil A. Martin for the defendant.

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

HENNESSEY, J.

The issue here is whether an insured under a motor vehicle liability policy or bond, as provided in G.L.c. 90, § 34A, is precluded from receiving personal injury protection ("no-fault") benefits if he is entitled to payments or benefits under the provisions of the Workmen's Compensation Act, G.L.c. 152. We conclude that he is so precluded.

This is an action in contract brought under the provisions...

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