DEWING v. J.B. DRISCOLL INS. AGENCY

No. 89-P-1185.

30 Mass. App. Ct. 467 (1991)

569 N.E.2d 848

JOHN DEWING vs. J.B. DRISCOLL INSURANCE AGENCY & another.

Appeals Court of Massachusetts, Essex.

April 16, 1991.


Attorney(s) appearing for the Case

Douglas M. Watson for the plaintiff.

William T. Bogaert for J.B. Driscoll Insurance Agency.

Dani Linn Woods, for United Services Automobile Association, submitted a brief.

Present: BROWN, PERRETTA, & LAURENCE, JJ.


LAURENCE, J.

John Dewing "totalled" his new Volkswagen Rabbit automobile in a one-car accident in December, 1981. Upon learning that his automobile insurance policy, underwritten by United Services Automobile Association (USAA) and sold to him by J.B. Driscoll Insurance Agency (Driscoll), contained an exclusion which denied him coverage for such an accident, he sued Driscoll and USAA in November, 1982. Dewing's complaint contained several counts based upon the defendants...

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