Wayne DeMarco v. Travelers Insurance Company

OPINION

Justice GOLDBERG,

for the Court.

The plaintiff, Wayne DeMarco (DeMar-co or plaintiff),1 was severely injured in a collision while a passenger in a motor vehicle owned by insureds of the defendant, Travelers Insurance Company (defendant, or Travelers). After obtaining a judgment for money damages in the prior underlying tort action, the plaintiff settled with the insureds in exchange for an assignment of any claims that the insureds had against Travelers and filed this action. A justice of the Superior Court granted partial summary judgment, which this Court affirmed.2 Thereafter, an…