GEN. MOTORS ACCEPTANCE v. ABINGTON CAS INS


1991 Mass. App. Div. 94 (1991)

General Motors Acceptance Corporation vs. Abington Casualty Insurance Company

Massachusetts Appellate Division, Northern District.

July 12, 1991.


Attorney(s) appearing for the Case

Michael E. Hager for the plaintiff.

Eric S. Goldman for the defendant.

Present: Sherman, P.J., Forte & Banks, JJ.


Forte, J.

This is an action for breach of contract "and/or conversion" to recover the $2,751.48 proceeds of a check issued by defendant Abington Casualty Insurance Company ("Abington") in payment of an insurance claim for property damage to an automobile upon which plaintiff General Motors Acceptance Corporation ("GMAC") held a lien. The check was made payable jointly to one Robert A. Azevedo ("Azevedo"), Abington's insured, and to plaintiff GMAC, a loss payee beneficiary...

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