FARM FAMILY MUTUAL INSURANCE COMPANY v. WHELPLEY

No. 00-P-91.

54 Mass. App. Ct. 743 (2002)

FARM FAMILY MUTUAL INSURANCE COMPANY v. DONALD WHELPLEY.

Court of Appeals of Massachusetts, Berkshire.

May 15, 2002.


Attorney(s) appearing for the Case

Jack E. Houghton, Jr., for the defendant.

Charles K. Bergin, Jr., for the plaintiff.

Present: PORADA, LENK, & GREEN, JJ.


PORADA, J.

The principal issue raised by this action is whether the all-terrain vehicle (ATV) owned by the defendant fell within the recreational motor vehicle exclusion of his special farm package insurance policy purchased from the plaintiff. A Superior Court judge determined that it did and, thus, relieved the plaintiff from any duty to defend and to indemnify the defendant from any liability arising out of an action brought by third parties against the defendant...

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