SURREY v. LUMBERMENS MUTUAL CASUALTY CO.


384 Mass. 171 (1981)

424 N.E.2d 234

SUSAN L. SURREY vs. LUMBERMENS MUTUAL CASUALTY COMPANY.

Supreme Judicial Court of Massachusetts, Bristol.

July 28, 1981.


Attorney(s) appearing for the Case

Stephen A. Lechter for the plaintiff.

Paul F. Degnan (Frank A. Smith, III, with him) for the defendant.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, ABRAMS, & NOLAN, JJ.


LIACOS, J.

This case raises a straightforward question of law: Is the physical contact requirement of the defendant's motor vehicle insurance policy unenforceable as a perversion of the aims of the uninsured motorist statute, G.L.c. 175, § 113L? The plaintiff brought a complaint for breach of an insurance contract. The case is here on the plaintiff's appeal from the denial of her motion for summary judgment and the granting of the defendant's cross motion for...

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