Smart v. Safety Insurance

This is the third of three cases that we decide today concerning the right of a household member who has a Massachusetts automobile liability policy, covering a vehicle owned by him or her, to recover underinsured motorist benefits under a Massachusetts automobile insurance policy issued to another household member that provides higher underinsured motorist coverage than whatever underinsured motorist coverage is provided under his or her own policy. *145See Depina v. Safety Ins. Co., ante 135 (1994); Goodman v. American Casualty Co., ante 138 (1994).

On July 16, 1990, John W. Brick, Jr. (Brick),…