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SMART v. SAFETY INSURANCE CO.

419 Mass. 144 (1994)

TERESA SMART, administratrix, vs. SAFETY INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

December 13, 1994.

Attorney(s) appearing for the Case

David Wilensky for the plaintiff.

Alice Olsen Mann (Karyn T. Hicks with her) for the defendant.

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

WILKINS, J.

This is the third of three cases that we decide today concerning the right of a household member who has a Massachusetts automobile liability policy, covering a vehicle owned by him or her, to recover underinsured motorist benefits under a Massachusetts automobile insurance policy issued to another household member that provides higher underinsured motorist coverage than whatever underinsured motorist coverage is provided under his or her own policy. ...

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