CLERGER v. COMMERCE INSURANCE COMPANY

No. 97-P-1305.

46 Mass. App. Ct. 11 (1998)

JOSEPH CLERGER v. COMMERCE INSURANCE COMPANY.

Court of Appeals of Massachusetts, Middlesex.

December 8, 1998.


Attorney(s) appearing for the Case

Frank J. Ciano (Amy J. Rosengarten with him) for the plaintiff.

Peter A. Palmer (Brian J. Cann with him) for the defendant.

Present: WARNER, C.J., PERRETTA, & LENK, JJ.


WARNER, C.J.

This case involves the question whether the "uninsured motorist" provision of an automobile insurance policy imposes a duty upon the insurer to defend the policyholder from suit by an injured passenger.

On December 3, 1992, the plaintiff, Joseph Clerger, was involved in an automobile accident with another motor vehicle in which two of Clerger's passengers were injured. The passengers filed suit against Clerger who, in turn, requested that his...

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