LYNCH, J.
This case arises out of the defendant's refusal to pay under the plaintiff's own policy for medical expenses incurred by him while operating a motor vehicle owned and insured by his spouse. A judge of the Superior Court reported the case to the Appeals Court in accordance with Massachusetts Rule of Civil Procedure 64, 365 Mass. 831 (1974), and we allowed Thomas's application for direct appellate review.
The following facts were stipulated by the...
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