BURNS v. COMBINED INS. CO. OF AMERICA


6 Mass. App. Ct. 86 (1978)

373 N.E.2d 1189

BARBARA L. BURNS, administratrix, vs. COMBINED INSURANCE COMPANY OF AMERICA.

Appeals Court of Massachusetts, Suffolk.

March 7, 1978.


Attorney(s) appearing for the Case

Edward S. Rooney, Jr., for the defendant.

Herbert D. Lewis for the plaintiff.

Present: KEVILLE, ARMSTRONG, & BROWN, JJ.


KEVILLE, J.

This is an action of contract brought originally by James H. Burns, Jr. (Burns), in which he sought to recover benefits for total disability under a group insurance policy issued by the defendant, Combined Insurance Company of America (America), to Burns' employer, Interstate National Corporation (Interstate). Burns died while the action was pending. His widow, as administratrix of his estate, was substituted as party plaintiff.1

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