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COMMERCIAL UNION INS. CO. v. BURNS

No. 89-1087.

30 Mass. App. Ct. 617 (1991)

572 N.E.2d 16

COMMERCIAL UNION INSURANCE COMPANY vs. JOHN T. BURNS, SR., & another.

Appeals Court of Massachusetts, Suffolk.

May 31, 1991.

Attorney(s) appearing for the Case

John T. Burns, Sr. (Alfred DiSciullo, Jr, with him) for the defendants.

Edward T. Hinchey for the plaintiff.

Present: DREBEN, KASS, & LAURENCE, JJ.

KASS, J.

May a settlement incorporated in an agreement for judgment fix the damages for purposes of deciding whether — and how much — underinsured motorist insurance applies? On the peculiar facts of this case, we think the settlement did so fix the damages, and we affirm the judgment below.

While crossing a street on May 17, 1977, John T. Burns, Jr. ("John"), was hit by an automobile and injured. Phyllis

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