SCOTT v. COMMERCE INSURANCE COMPANY

No. 03-P-717.

62 Mass. App. Ct. 416 (2004)

CHARLES SCOTT v. COMMERCE INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

November 3, 2004.


Attorney(s) appearing for the Case

John D. Curran for the defendant.

Neil S. Cohen for the plaintiff.

Present: Gelinas, Brown, & Berry, JJ.


BROWN, J.

Commerce Insurance Company (Commerce) appeals a Superior Court judgment that confirmed an arbitration award in favor of its insured, Charles Scott. We conclude it was error to confirm the award and reverse the judgment entered below to that effect.

1. Background. On the evening of May 14, 2000, Scott had been jogging in the vicinity of Franklin Park in Boston when he was struck by an unidentified motor vehicle. Apart from his serious injuries...

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