McLAUGHLIN v. CGU INSURANCE COMPANY


445 Mass. 815 (2006)

JOHN McLAUGHLIN v. CGU INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Norfolk.

January 19, 2006.


Attorney(s) appearing for the Case

Clyde K. Hanyen, Jr., for the defendant.

Eric S. Kupperstein for the plaintiff.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


CORDY, J.

CGU Insurance Company (CGU) appealed from the entry of summary judgment for the plaintiff, John McLaughlin, requiring it to pay damages for injuries the plaintiff suffered as a consequence of being struck by a vehicle owned and driven by CGU's insured on October 3, 2000. In its defense, CGU asserted that it had cancelled the driver's insurance policy prior to the accident and thus had no duty to indemnify him. It filed its own motion for summary judgment...

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