Legal Opinion
Safety Insurance v. Day
Massachusetts Appeals Court
Decided October 28, 2005No. 04-P-450PublishedCited by 8 opinions
1Opinion of the CourtCowin, J.
The defendant Ann B. Day, while driving a motor vehicle owned by her housemate, Donna E. Enberg, collided with a motor vehicle operated by the defendant Noreen Mahan, resulting in personal injuries to Mahan. The insurer of Day’s own vehicle, the plaintiff, Safety Insurance Company (Safety), provided Day with a defense in a personal injury action brought against her by Mahan but, after an extended period, declined to indemnify Day on the ground that her use of Enberg’s vehicle brought her within the so-called “regular use” exclusion of Safety’s policy.
Safety commenced a declaratory judgment…
2Cases cited18 opinions
- Linthicum v. ArchambaultMassachusetts Supreme Judicial Court · 1979
- Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004
- Yorke Management v. CastroMassachusetts Supreme Judicial Court · 1989
- Turnpike Motors, Inc. v. Newbury Group, Inc.Massachusetts Supreme Judicial Court · 1992
- Preferred Mutual Insurance v. GamacheMassachusetts Supreme Judicial Court · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilkinson v. Citation InsuranceMassachusetts Supreme Judicial Court · 2006
- Specialty National Insurance v. OneBeacon InsuranceCourt of Appeals for the First Circuit · 2007
- Williams v. City of BostonDistrict Court, D. Massachusetts · 2011
- Financial Resources Network, Inc. v. Brown & Brown, Inc.District Court, D. Massachusetts · 2012
- Valentine v. Farmers Insurance ExchangeCourt of Appeals of Utah · 2006
3 more not listed; retrieve them via the Exa API.