FURUKAWA v. ARBELLA MUTUAL INSURANCE COMPANY

No. 00-P-885.

59 Mass. App. Ct. 142 (2003)

SAKYO FURUKAWA v. ARBELLA MUTUAL INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

September 4, 2003.


Attorney(s) appearing for the Case

Robin Aaronson Maher for the defendant.

Rachel H. Prindle for the plaintiff.

Present: ARMSTRONG, C.J., MASON, & GRASSO, JJ.


ARMSTRONG, C.J.

Sakyo Furukawa, at the time of the accident a four year old child, ran between parked cars into the street and was struck by a vehicle driven by one Kofman and insured by Trust Insurance Company (Trust). Although police reports and other evidence furnished little proof that Kofman's driving had been negligent, Trust agreed to cover the damage up to the one-person limit of Kofman's bodily injury liability insurance ($20,000), conditioned on a release...

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