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WENGENROTH v. LIBERTY MUTUAL INSURANCE

1991 Mass. App. Div. 19 (1991)

Jessica Wengenroth, and another vs. Liberty Mutual Insurance

Massachusetts Appellate Division, Southern District.

January 31, 1991.

Attorney(s) appearing for the Case

Nancy Jo Shack for the plaintiffs.

John P. Riordan, Jr., for the defendant.

Present: Dolan, P.J., Hurley & Martin, JJ.

Martin, J.

This petition to establish a report is before this appellate division as a result of the trial judge's dismissal of the plaintiffs' draft report.3 The plaintiffs sought to recover for personal injuries under the under-insured motorist provision of their automobile insurance policy with defendant. Defendant alleged failure to pay premiums. Both parties filed motions for summary judgment and presented the court with

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