SPURLIN v. MERCHANTS INS. CO. OF NEW HAMPSHIRE

Civ. A. No. 93-30173-MAP.

866 F.Supp. 57 (1994)

Edgar SPURLIN, Plaintiff, v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE d/b/a Merchants Insurance Group, Defendant.

United States District Court, D. Massachusetts.

October 28, 1994.


Attorney(s) appearing for the Case

W. Stanley Cooke, Law Office of W. Stanley Cooke, Pittsfield, MA, for plaintiff.

Robert M. Mack, Morrison, Mahoney & Miller, Springfield, MA, for defendant.


MEMORANDUM REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

(Docket Nos. 21 & 24)

PONSOR, District Judge.

I. INTRODUCTION

Plaintiff Edward Spurlin was injured while a passenger in a "loaner" being used by Gilbert Fox and provided by the service department of Yankee Dodge, an auto dealership in upstate New York. The defendant, Merchants Insurance, issued a garage policy to Yankee Dodge. Plaintiff now argues that he was an...

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