HANOVER INS. CO. v. LOCKE

No. 92-P-1586.

35 Mass. App. Ct. 679 (1993)

624 N.E.2d 615

THE HANOVER INSURANCE COMPANY vs. STEPHEN LOCKE & others.

Appeals Court of Massachusetts, Suffolk.

December 28, 1993.


Attorney(s) appearing for the Case

Daniel E. Kudzma for the Donna Martynowski, administratrix.

John D. Boyle for the plaintiff.

Present: ARMSTRONG, DREBEN, & IRELAND, JJ.


DREBEN, J.

The insurer sought a declaration that Stephen Locke, who allegedly killed James M. Maloney in a hit and run accident while driving his father's automobile, was not covered by his father's insurance policy. The reason for no coverage, in the view of the insurer, is that both the compulsory and the optional parts of the policy provide coverage only if a person is operating the vehicle with the consent of the vehicle's owner.

A judge of the Superior...

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