Hackett v. Utica Mutual Insurance

DeGuglielmo, J. dissenting:

This is an action of contract on an insurance policy purporting to cover the plaintiff for loss of a motor vehicle which was stolen from her and which loss was alleged to have been insured by the defendant.

*204The case comes before the Appellate Division of this court on an agreed statement of facts set forth in the majority opinion.

The law is well settled in this Commonwealth that when a case has been submitted on an Agreed Statement of Facts, the result obtained thereby becomes a "case stated.” Requests for rulings and findings of fact by the trial court have no…