Cardin v. Royal Insurance Co. of America

In this case, we are asked to decide the validity of the “regular use exclusion” in the plaintiff’s uninsured motorist coverage under G. L. c. 175, § 113L. The case was submitted to a Superior Court judge on a statement of agreed facts, and he granted declaratory relief for the plaintiff. The defendant sought review of this decision in the Appeals Court, and we transferred the case to this court on our own motion.

The following appears from the statement of agreed facts. On January 29, 1983, the plaintiff was involved in an automobile accident on Pleasant Street in Worcester. She suffered…