Depin v. Aetna Life Insurance

By the Division.

This is an action of contract to recover funeral expenses resulting from the death of plaintiff’s intestate under the provisions of a Massachusetts "No-Fault Personal Injury Protection Policy.” The declaration alleges that the plaintiff’s intestate was the owner and operator of a motor vehicle who was killed in an accident while the vehicle was so insured by the defendent.

Defendant’s answer included a general denial and set up the defense that the plaintiff’s intestate was at the time of the accident operating a motor vehicle while under the influence of alcohol and as such…