Metropolitan Property & Liability Insurance v. Martin

In this declaratory judgment proceeding, the Superior Court {Dunn, J.) ruled the defendant’s decedent entitled to coverage for injury by an uninsured motorist, under an automobile policy so defining “insured” as to include a brother residing in the same household as the named insured. In appealing, the plaintiff assigns error to the court’s refusal to estop the defendant collaterally from relitigating an earlier factual determination that the decedent was not such a resident, said to have been rendered in a contest over coverage under a policy issued on the decedent’s mother, containing terms…