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COMMERCIAL UNION INSURANCE COMPANY v. CONNORS

No. 95-P-1092.

42 Mass. App. Ct. 538 (1997)

COMMERCIAL UNION INSURANCE COMPANY v. KEVIN M. CONNORS, & others, interveners.

Court of Appeals of Massachusetts, Suffolk.

April 25, 1997.

Attorney(s) appearing for the Case

Richard E. Wholley for Mahoney & Wright Insurance Agency, Inc.

Edward F. O'Brien, Jr., for Kevin M. Connors.

Richard L. Neumeier for the plaintiff.

Richard E. Quinby & Anthony D. Rizzotti for Rogers & Gray Insurance Agency, Inc., joined in a brief.

Present: ARMSTRONG, PORADA, & FLANNERY, JJ.

ARMSTRONG, J.

On December 1, 1989, Jason Fedele drove his parents' automobile head-on into another vehicle, killing himself and seriously injuring the driver of the other vehicle, Kevin M. Connors. Liability was established, and Connors was paid $455,000 from the Fedeles' automobile insurance liability coverage — an amount that apparently fell short of Connors' actual damages. For further recovery, Connors looks to an umbrella liability policy issued by Commercial...

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