COMMERCE INS. CO. v. KOCH

No. 87-314.

25 Mass. App. Ct. 383 (1988)

522 N.E.2d 979

THE COMMERCE INSURANCE COMPANY vs. VICTOR KOCH & others.

Appeals Court of Massachusetts, Worcester.

February 9, 1988.


Attorney(s) appearing for the Case

Robert W. Gardner, Jr. (Bruce N. Finkle with him) for the defendants.

Kenneth F. Rosenberg for the plaintiff.

Present: BROWN, KAPLAN, & KASS, JJ.


KAPLAN, J.

Commerce Insurance Company (Commerce) is the plaintiff in this declaratory action. It seeks an interpretation of a provision of the simplified or plain-talk2 Standard Massachusetts Automobile Insurance Policy (2d ed. 1979) as applied to the situation described in a statement of agreed facts. The facts may be summarized as follows.

On October 4, 1982, defendants Benjamin Gray and Victor Koch were riding in a 1976 Chevrolet...

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