Descoteaux v. Liberty Mutual Insurance

The plaintiffs petitioned for declaratory judgment seeking a determination of the extent of insurance coverage under two separate family automobile policies issued by the defendant. The Trial Court (Wyman, J.) transferred the following questions of law to this court without ruling, pursuant to Supreme Court Rule 9:

“A. Whether an ‘insured’ under two separate policies of automobile insurance is barred from recovering the aggregate amount of medical payments benefits available under both policies solely because they were written by the same carrier.

B. Whether an ‘insured’ under two separate…