Foshee v. Insurance Co. of North America

We have before us an appeal from a final decree dismissing a bill in equity to reach and apply the noncompulsory coverage of a motor vehicle insurance policy issued by the defendant Insurance Company of North America (the insurer) to the other defendant Roosevelt Robinson (the insured). The plaintiff, a guest in the insured’s car, brought an action against him for personal injuries. When, after several continuances, the action was reached for trial in the Municipal Court of the City of Boston, to which it had been transferred from the Superior Court, the insured did not appear in spite of…