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METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY v. WESTBERG

No. 02-P-1497.

61 Mass. App. Ct. 247 (2004)

METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY v. MATTHEW J. WESTBERG & another.

Appeals Court of Massachusetts, Middlesex.

June 3, 2004.

Attorney(s) appearing for the Case

Paul J. Franco for Matthew J. Westberg.

Michael J. McCabe for the plaintiff.

Present: Laurence, Kaplan, & Beck, JJ.

KAPLAN, J.

The plaintiff insurance company sought a declaration whether it owed underinsurance benefits to the defendants. A judge of the Superior Court held in the plaintiff's favor that it did not owe such benefits. Agreeing in substance with the judge's analysis in her memorandum of decision, we shall affirm her declaration.

Paul Cincotta, in the morning of July 11, 1999, was driving his Jeep Wrangler on Route 146 in Rhode Island, when, in crossing lanes...

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