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MURPHY v. SAFETY INSURANCE COMPANY; MURPHY

429 Mass. 517 (1999)

LEE MURPHY v. SAFETY INSURANCE COMPANY; LEE MURPHY & another, third-party defendants.

Supreme Judicial Court of Massachusetts, Worcester.

May 4, 1999.

Attorney(s) appearing for the Case

Carol A. Griffin (Karyn T. Hicks with her) for Safety Insurance Company.

Edward W. Mclntyre (James T. McLaughlin with him) for the plaintiff.

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

GREANEY, J.

We transferred this case to this court on our own motion to decide whether Safety Insurance Company (Safety) is obligated to pay underinsurance benefits under its automobile liability policy that covered the plaintiff's minor son, James Murphy, who was seriously injured in a motor vehicle accident. The dispositive issue is whether the tortfeasor's excess liability policy limits should be counted in determining whether the tortfeasor's vehicle was underinsured...

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