DEPENA v. HORACE MANN INSURANCE COMPANY


1996 Mass. App. Div. 224 (1996)

Aida Depena v. Horace Mann Insurance Company

Massachusetts Appellate Division, Northern District.

December 30, 1996.


Attorney(s) appearing for the Case

Peter Callahan for the plaintiff.

W. Joseph Flanagan for the defendant.

Present: Sherman, P.J., Greco & Curtin, JJ.


Greco, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8B appeal by the defendant insurance company from a judgment in the amount of $1,338.56 entered for its insured, plaintiff Aida Depena. At issue is the scope of the limited collision coverage afforded by the Massachusetts Automobile Insurance Policy (Sixth Ed.) and G.L.c. 90, §340.

The facts have been agreed upon. On November 1, 1994, the plaintiff's vehicle was struck by a stolen automobile. The owner...

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