Butterfield v. Norfolk & Dedham Mutual Fire Insurance

CLIFFORD, J.,

with whom ALEXANDER, J., joins, dissenting.

[¶21] Without the policy provision at issue in this case, Norfolk & Dedham could not accurately address the risk to which it is exposed in the uninsured motorist part of its policy, and on which it could base a reasonable premium. That provision limits the risks arising from injuries to a determinable number of persons, i.e. the named insureds under the policy and resident family members of the named insureds, and protects the insurer from risks that are unascertainable. In my view, the provision is reasonable, comports with our…