West American Insurance v. Large

LIPSITT, S.J.,

In this action for declaratory judgment, we have before us plaintiffs’ motion for summary judgment. The sole issue presented is whether it is against the public policy of this commonwealth for a clause in an automobile insurance policy to permit the insurer to set off, dollar for dollar, any uninsured motorist coverage payments to a guest passenger for liability coverage payments made to that guest passenger under the same policy. After carefully reviewing the record and considering the briefs of counsel, we conclude that this set off clause, as applied to a guest passenger, is…