FLATTERY v. GREGORY


397 Mass. 143 (1986)

489 N.E.2d 1257

DOUGLAS A. FLATTERY vs. WILLIAM C. GREGORY, SR., & others.

Supreme Judicial Court of Massachusetts, Plymouth.

March 20, 1986.


Attorney(s) appearing for the Case

Robert T. Nagle for the plaintiff.

Walter H. Mayo, III (Donna B. MacKenna with him) for William F. Borhek.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

We consider for the first time whether an insurance agent owes to a traveler on the highway, injured by the negligent driving of another, a duty to fulfil the agent's pre-accident promise to the tortfeasor to obtain optional liability coverage on the tortfeasor's motor vehicle. The case reaches us as the result of an appeal from the allowance of a motion to dismiss claims against the insurance agent.

We summarize the relevant allegations in the...

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