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BERGER v. H.P. HOOD, INC.

416 Mass. 652 (1993)

624 N.E.2d 947

JOANNE E. BERGER vs. H.P. HOOD, INC., & another (and a consolidated case).

Supreme Judicial Court of Massachusetts, Middlesex.

December 23, 1993.

Attorney(s) appearing for the Case

Paul T. Sheils (Robert E. Jordan, Jr., with him) for the plaintiff.

Alice Olsen Mann (Paul S. Grand with her) for H.P. Hood, Inc., & another.

Peter J. McCue for Massachusetts Insurers Insolvency Fund.

Marshall A. Karol for First State Insurance Co.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

ABRAMS, J.

At issue is whether the exclusivity provision of the Workers' Compensation Act, G.L.c. 152, § 23 (1992 ed.), bars an employee's claim against the owner and the insurer of the employer's motor vehicles for underinsurance benefits (UM).4 The plaintiff, Joanne E. Berger, asserts that her claim was not precluded by this provision because the claim sounds in contract rather tort. She maintains that G.L.c. 152, § 23, applies...

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