Wengenroth v. Liberty Mutual Insurance

This petition to establish a report is before this appellate division as aresult of the trial judge’s dismissal of the plaintiffs’ draft report.3 The plaintiffs sought to recover for personal injuries under the under-insured motorist provision of their automobile insurance policy with defendant Defendant alleged failure to pay premiums. Both parties filed motions for summary judgment and presented the court with *20a case stated. The parties stipulated that the sole issue for the trial judge was whether the defendant insurer was required under the provisions of G.Lc. 175, §113A to maintain the…