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CONTINENTAL ASSURANCE COMPANY v. DIORIO-VOLUNGIS

No. 98-P-2332.

51 Mass. App. Ct. 403 (2001)

CONTINENTAL ASSURANCE CO. v. BRIDGET DIORIO-VOLUNGIS & another.

Court of Appeals of Massachusetts, Worcester.

April 27, 2001.

Attorney(s) appearing for the Case

R. Mark Petersen for Linda Marie Volungis.

Penelope A. Kathiwala for Bridget Diorio-Volungis.

Present: JACOBS, DUFFLY, & CYPHER, JJ.

CYPHER, J.

On February 3, 1992, the night before John Volungis (John) was scheduled to leave town for active military duty, he was stabbed to death by an unknown assailant. No one has been charged in the crime. Bridget Diorio-Volungis (Bridget), John's widow and the sole beneficiary of John's $150,000 life insurance policy, attempted to collect the proceeds. Linda Marie Volungis (Linda), John's mother and administrator

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