Legal Opinion

Spurlin v. Merchants Ins. Co. of New Hampshire

District Court, D. Massachusetts

Decided October 28, 1994No. Civ. A. 93-30173-MAP; Docket 21 & 24PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

PONSOR, District Judge.

I. INTRODUCTION

Plaintiff Edward Spurlin was injured while a passenger in a “loaner” being used by Gilbert Fox and provided by the service department of Yankee Dodge, an auto dealership in upstate New York. The defendant, Merchants Insurance, issued a garage policy to Yankee Dodge. Plaintiff now argues that he was an insured under defendant’s policy. He has brought this claim to collect on a judgment obtained against Fox, the driver of the loaner, in a Massachusetts state court. Plaintiff claims that the Merchants…

2Cases cited16 opinions

  1. Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
  2. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989
  3. Commercial Union Insurance Co. v. Walbrook Insurance Co., Ltd.Court of Appeals for the First Circuit · 1993
  4. Joanne Kotler, Individually and as Administratrix, Etc. v. The American Tobacco CompanyCourt of Appeals for the First Circuit · 1992
  5. Grasberger v. Liebert & Obert, Inc.Supreme Court of Pennsylvania · 1939

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3Cited by7 opinions

  1. Brazas Sporting Arms, Inc. v. American Empire Surplus Lines InsuranceCourt of Appeals for the First Circuit · 2000
  2. Transamerica Insurance v. KMS Patriots, L.P.Massachusetts Appeals Court · 2001
  3. Spurlin v. Merchants InsuranceCourt of Appeals for the First Circuit · 1995
  4. RLI Insurance v. KlonskyDistrict Court, D. Vermont · 2011
  5. Oklahoma Farmers Union Mutual Insurance Co. v. John Deere Insurance Co.Court of Civil Appeals of Oklahoma · 1998

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