Benedix v. Boston Old Colony Insurance

NICHOLS, Justice.

Upon a “reach and apply” action brought in Superior Court, Oxford County, by the plaintiffs, George Benedix, Sr., and Dorothy Benedix, against the Defendant, Boston Old Colony Insurance Company, pursuant to 24-A M.R.S.A. § 2904, that court granted the Defendant’s motion to dismiss, and the Plaintiffs bring the case here on appeal from that order of dismissal.

We sustain the appeal.

The pertinent facts may be briefly summarized. On January 22, 1976, the Plaintiffs and Robert Dakin were involved in an automobile accident' in West Peru, Maine. The Plaintiffs thereafter recovered…