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AETNA CASUALTY & SURETY CO. v. FARIS

No. 88-P-660.

27 Mass. App. Ct. 194 (1989)

536 N.E.2d 1097

AETNA CASUALTY AND SURETY COMPANY vs. PAULINE FARIS.

Appeals Court of Massachusetts, Suffolk.

April 18, 1989.

Attorney(s) appearing for the Case

Gregory V. St. Cyr for the plaintiff.

Brian J. Sullivan (Kenneth L. Sullivan with him) for the defendant.

Present: WARNER, KAPLAN, & FINE, JJ.

FINE, J.

We are asked in this appeal to decide whether, under an automobile insurance policy approved by the Commissioner of Insurance for use in 1981, a party injured in an automobile accident has the right to arbitration of a claim against an insurance company for underinsurance benefits before all claims he might have against alleged tortfeasors have been settled or judicially resolved. We think he does have that right and we affirm, therefore, a Superior Court...

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