Surrey v. Lumbermens Mutual Casualty Co.

This case raises a straightforward question of law: Is the physical contact requirement of the defendant’s motor vehicle insurance policy unenforceable as a perversion of the aims of the uninsured motorist statute, G. L. c. 175, § 113L? The plaintiff brought a complaint for breach of an insurance contract. The case is here on the plaintiffs appeal from the denial of her motion for summary judgment and the granting of the defendant’s cross motion for same. The judge below construed G. L. c. 175, § 113L, to preclude recovery under the plaintiff’s policy for a hit-and-run accident absent…