MASSACHUSETTS INSURERS INSOLVENCY FUND v. LADD

No. 94-P-1059.

39 Mass. App. Ct. 553 (1995)

MASSACHUSETTS INSURERS INSOLVENCY FUND vs. GAIL S. LADD.

Appeals Court of Massachusetts, Suffolk.

December 26, 1995.


Attorney(s) appearing for the Case

Joseph C. Tanski for the plaintiff.

John P. McGloin for the defendant.

Present: SMITH, JACOBS, & GREENBERG, JJ.


SMITH, J.

The Massachusetts Insurers Insolvency Fund (Fund) has appealed from a decision by a Superior Court judge denying its motion for summary judgment and granting summary judgment in favor of Gail S. Ladd.

The facts are not in dispute. Ladd was injured in a motor vehicle accident in July, 1988. At the time of the accident, Ladd's vehicle was insured with American Mutual Insurance Company (American Mutual). The policy provided, among other coverage, underinsured...

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