Kilfoyle v. Liberty Mutual Insurance

This is an action of contract to recover, under an insurance policy issued to him by the defendant, for damage to the plaintiff’s automobile. "The trial evidence was introduced through an Agreed Statement of Facts”, which is set forth in the report. The report also contains copies of certain "exhibits admitted into evidence” with no indication whether they were introduced as part of, or independently of, the Agreed Statement of Facts. The case is here for review of the trial court’s finding for the defendant.

We summarize the facts in the Agreed Statement. On January 1, 1972, the defendant…