ZIOLKOWSKI v. CONTINENTAL INS. CO.


8 Mass. App. Ct. 667 (1979)

396 N.E.2d 723

NANINA B. ZIOLKOWSKI, administratrix, vs. THE CONTINENTAL INSURANCE COMPANY.

Appeals Court of Massachusetts, Hampden.

November 14, 1979.


Attorney(s) appearing for the Case

Patrick J. Bresnahan for the defendant.

L. Jeffrey Meehan for the plaintiff.

Present: HALE, C.J., GRANT, & BROWN, JJ.


HALE, C.J.

In this action the plaintiff seeks a declaration of her right to retain the entire proceeds of a settlement paid to her by a third party. The defendant claims that it is entitled to a portion of the proceeds pursuant to its automobile insurance contract with the plaintiff. The proceeds have been placed in an escrow account pending the adjudication of this dispute. A judge of the Superior Court entered a judgment on the pleadings, ordering that the amount...

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