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CARTER v. EMPIRE MUTUAL INS. CO.

6 Mass. App. Ct. 114 (1978)

374 N.E.2d 585

BERTHA CARTER vs. EMPIRE MUTUAL INSURANCE COMPANY and others.

Appeals Court of Massachusetts, Worcester.

March 23, 1978.

Attorney(s) appearing for the Case

David B. Cohen & Sanford A. Kowal for Colony Finance Corp. & another.

Franklin P. Anastas for Empire Mutual Insurance Co.

Stephen A. McNerney for Bertha Carter.

Present: HALE, C.J., KEVILLE, GOODMAN, ARMSTRONG, & BROWN, JJ.

GOODMAN, J.

These cross appeals arise out of the purchase by the plaintiff of a motor vehicle liability insurance policy issued by Empire Mutual Insurance Company (Empire) for the year 1974; the policy included coverage for damage to the plaintiff's automobile. The plaintiff paid part of the total premium in cash and financed the balance through a premium finance agreement (G.L.c. 255C, § 1, definition 4) with Main Street Insurance

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