Vergato v. Commercial Union Insurance

This matter comes before this Court pursuant to plaintiffs and defendant’s cross-motions for summary judgment under Mass.R.Civ.P. 56(b). Both the plaintiff and the defendant claim to be entitled to a judgment as a matter of law in plaintiffs suit for declaratory judgment based on their interpretation of provisions of the Massachusetts standard automobile insurance policy. For the following reasons, the defendant’s motion for summary judgment is granted.

BACKGROUND

The following facts are undisputed. The plaintiffs mother, Gail Vergato, owned a 1988 Ford Mustang that was insured by the…