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WEINER v. COMMERCE INSURANCE COMPANY

No. 10-P-234.

78 Mass. App. Ct. 563 (2011)

DORCAS WEINER & another v. COMMERCE INSURANCE COMPANY.

Appeals Court of Massachusetts, Hampden.

January 7, 2011.

Attorney(s) appearing for the Case

James C. Crowley, Jr. , for the defendant.

Guido Mosca ( John A. Odierna with him) for the plaintiffs.

Present: LENK, SMITH, & MILKEY, JJ.

LENK, J.

In 2001, Dorcas Weiner (Weiner) was involved in two separate car accidents and sustained back and neck injuries. She filed benefit claims with her insurer, Commerce Insurance Company (Commerce), pursuant to the underinsured motorist (UIM) provision of her policy. After the parties were unable to settle the claims, they entered into arbitration as required by the insurance contract. On March 9, 2006, a Superior...

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