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LUMBERMENS MUTUAL CASUALTY CO. v. MERCURIO

No. 88-P-56.

27 Mass. App. Ct. 111 (1989)

535 N.E.2d 234

LUMBERMENS MUTUAL CASUALTY COMPANY vs. WILLIAM MERCURIO.

Appeals Court of Massachusetts, Norfolk.

March 10, 1989.

Attorney(s) appearing for the Case

Stefan P. Michaud for the defendant.

Dennis M. Powers for the plaintiff.

Present: ARMSTRONG, KAPLAN, & FINE, JJ.

FINE, J.

Lumbermens Mutual Casualty Company (Lumbermens), the plaintiff in this action, seeks a declaration that a provision relating to underinsurance coverage in the standard 1981 motor vehicle liability insurance policy it issued to William Mercurio is valid and that, as a consequence, no monies are due Mercurio as a result of an accident on November 1, 1981. The underinsurance coverage clause in relevant part provides:

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