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HANOVER INS. CO. v. GAUDETTE

408 Mass. 591 (1990)

562 N.E.2d 815

HANOVER INSURANCE COMPANY vs. DONALD A. GAUDETTE.

Supreme Judicial Court of Massachusetts, Worcester.

November 15, 1990.

Attorney(s) appearing for the Case

Alice J. Klein for the defendant.

Craig D. Murphy for the plaintiff.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

This is a declaratory judgment action in which a judge in the Superior Court declared that the defendant, Donald A. Gaudette, is not entitled to recover under the underinsurance provisions of a standard Massachusetts automobile liability insurance policy issued by the plaintiff insurer (Hanover). Gaudette appealed to the Appeals Court, and we transferred the case to this court on our own initiative. We affirm the judgment.1

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