SMITH v. ARBELLA MUTUAL INSURANCE COMPANY

No. 97-P-2384.

49 Mass. App. Ct. 53 (2000)

DONALD M. SMITH, JR. v. ARBELLA MUTUAL INSURANCE COMPANY.

Court of Appeals of Massachusetts, Plymouth.

March 29, 2000.


Attorney(s) appearing for the Case

Peter E. Heppner for the defendant.

Charles E. Berg for the plaintiff.

Present: PORADA, DREBEN, & BECK, JJ.


DREBEN, J.

This appeal raises the propriety of an order granting relief from judgment because of a change or, rather, a clarification in decisional law. A recounting of the procedural history of the action is in order.

The plaintiff was involved in a collision with an uninsured motor vehicle on November 29, 1989, a time when he was insured by the defendant under a policy including uninsured motorist coverage. No notice of his uninsured motorist claim was received...

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