Legal Opinion

Scott v. Commerce Insurance

Massachusetts Appeals Court

Decided November 3, 2004No. 03-P-717PublishedCited by 1 opinion

1Opinion of the CourtBrown, J.

Commerce Insurance Company (Commerce) appeals a Superior Court judgment that confirmed an arbitration award in favor of its insured, Charles Scott. We conclude it was error to confirm the award and reverse the judgment entered below to that effect.

1. Background. On the evening of May 14, 2000, Scott had been jogging in the vicinity of Franklin Park in Boston when he was struck by an unidentified motor vehicle. Apart from his serious injuries, he also incurred medical expenses in excess of $88,000. On June 14, 2000, Scott made claim under his automobile insurance policy issued by Commerce, and…

2Cases cited18 opinions

  1. Royal Indemnity Co. v. BlakelyMassachusetts Supreme Judicial Court · 1977
  2. Plymouth-Carver Regional School District v. J. Farmer & Co.Massachusetts Supreme Judicial Court · 1990
  3. City of Lawrence v. FalzaranoMassachusetts Supreme Judicial Court · 1980
  4. Trustees of Boston & Maine Corp. v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1973
  5. City of Lynn v. ThompsonMassachusetts Supreme Judicial Court · 2001

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3Cited by1 opinion

  1. O. Ahlborg & Sons, Inc. v. Massachusetts Heavy Industries, Inc.Massachusetts Appeals Court · 2006

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