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NEW HAMPSHIRE INSURANCE COMPANY v. FAHEY

1981 Mass. App. Div. 45 (1981)

New Hampshire Insurance Company vs. William D. Fahey

Massachusetts Appellate Division, Northern District.

March 3, 1981.

Attorney(s) appearing for the Case

Jean A. Nicolazzo for the plaintiff.

Frank T. Wojcik for the defendant.

Present: Cowdrey, P.J., and Forte, J.

Cowdrey, P.J.

This is an action in tort in which the plaintiff, as insurer-subrogee, seeks to recover for vehicular property damage caused by the defendant. The defendant is the son of the plaintiff's insured and was an unemancipated minor at the time of the incident in question.

The defendant filed a motion to dismiss which was predicated primarily on the doctrine of parent-child immunity in tort. It was...

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