PREMIER INSURANCE COMPANY OF MASSACHUSETTS v. FURTADO


428 Mass. 507 (1998)

PREMIER INSURANCE COMPANY OF MASSACHUSETTS v. JEAN E. FURTADO & others.

Supreme Judicial Court of Massachusetts, Hampshire.

December 15, 1998.


Attorney(s) appearing for the Case

Carol A. Griffin (Karyn T. Hicks with her) for the plaintiff.

David C. Kuzmeski for the defendants.

Edwin L. Wallace & John J. St. Andre, Jr., for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


WILKINS, C.J.

The plaintiff insurance company (Premier) filed an action seeking a determination of its obligations as insurer of Ruben Goldberg (husband) and Julia Goldberg (wife). The wife was the operator of a motor vehicle, owned by the husband, which on November 8, 1994, in Belchertown, struck a second vehicle causing the death of its occupants Joseph D. Furtado, Sr., and his son, Justin. There is no doubt that the wife...

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