Legal Opinion

Cardona v. Encompass Ins. Co.

Massachusetts Appeals Court

Decided December 14, 2017No. 17–P–358Published

1Opinion of the Court

This case arises from a judgment in the Superior Court wherein the judge dismissed the plaintiff's complaint for arbitration and allowed judgment for the defendant, Encompass Insurance Company (Encompass). We affirm.

Background. The plaintiff, Christian Cardona, was a passenger in a vehicle owned and operated by his mother and insured by Encompass. When she slowed to make a turn, the vehicle was struck from the rear by another vehicle which left the scene. The plaintiff's mother followed the other vehicle, and the plaintiff recorded its registration number, which he observed on the license…

2Cases cited16 opinions

  1. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  2. Nashua Corp. v. First State InsuranceMassachusetts Supreme Judicial Court · 1995
  3. Seaco Insurance v. BarbosaMassachusetts Supreme Judicial Court · 2002
  4. Jacobs v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1994
  5. Avery v. SteeleMassachusetts Supreme Judicial Court · 1993

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