SAFETY INSURANCE COMPANY v. DAY; THE ANDOVER COMPANIES

No. 04-P-450.

65 Mass. App. Ct. 15 (2005)

SAFETY INSURANCE COMPANY v. ANN B. DAY & another; THE ANDOVER COMPANIES & others, third-party defendants.

Appeals Court of Massachusetts, Suffolk.

October 28, 2005.


Attorney(s) appearing for the Case

Stephen M.A. Woodworth for the plaintiff.

Samuel M. Furgang for Merrimack Mutual Fire Insurance Company.

James C. Donnelly, Jr., for Ann B. Day.

Present: Greenberg, Cowin, & Green, JJ.


COWIN, J.

The defendant Ann B. Day, while driving a motor vehicle owned by her housemate, Donna E. Enberg, collided with a motor vehicle operated by the defendant Noreen Mahan, resulting in personal injuries to Mahan. The insurer of Day's own vehicle, the plaintiff, Safety Insurance Company (Safety), provided Day with a defense in a personal injury action brought against her by Mahan but, after an extended period...

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