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WADSWORTH v. SAFETY INSURANCE COMPANY

1994 Mass. App. Div. 37 (1994)

Loring Wadsworth vs. Safety Insurance Company

Massachusetts Appellate Division, Southern District.

March 9, 1994.

Attorney(s) appearing for the Case

John W. Lincoln for the plaintiff.

Stephen M. Woodworth for the defendant.

Present: Dolan, P.J., Martin & Welsh, JJ.

Dolan, P.J.

This is an action in which plaintiff seeks to recover personal injury protection benefits from his no fault automobile insurance carrier. The court found for the defendant and plaintiff has appealed, alleging there is insufficient evidence1 for the exclusion provision of G.L.c. 90, § 34A to apply. That provision authorizes insurers to exclude a person from personal injury protection benefits if such person's conduct contributed...

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