THE PHOENIX INSURANCE COMPANY v. CHURCHWELL

No. 01-P-1023.

57 Mass. App. Ct. 612 (2003)

THE PHOENIX INSURANCE COMPANY v. DONNA CHURCHWELL & another.

Court of Appeals of Massachusetts, Middlesex.

March 24, 2003.


Attorney(s) appearing for the Case

John P. Connell for Donna Churchwell.

William P. Hurley for the plaintiff.

Present: PORADA, LAURENCE, & GREEN, JJ.


PORADA, J.

The principal issue in this case is whether the motor vehicle exclusion clause in a homeowner's policy precluded coverage for bodily injury claims incurred in an automobile accident. A Superior Court judge, on cross motions for summary judgment, ruled that it did. This appeal by the claimants followed.

We summarize the uncontested facts and procedural history of the case. Amy Kirk (Kirk) was the...

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