Chicoine v. State Farm Mutual Automobile Insurance

In this action of tort or contract a demurrer to the declaration was sustained for failure to state a cause of action. The plaintiff appealed.

The lengthy declaration alleges the following: In a policy insuring the defendant Warren H. Greer the defendant insurer agreed to pay all sums, but not more than $26,336.10, which Greer should become obligated to pay for bodily injuries sustained by any one person as a result of Greer’s operation of a motor vehicle owned by Greer. On October 13, 1961, the plaintiff Chicoine, Jr., was injured by Greer’s negligent operation of his motor vehicle, and…