Doyon v. Travelers Indemnity Co.

The plaintiff’s intestate died as the result of injuries sustained by him when, on September 16, 1983, he was struck by an automobile owned and operated by the defendant’s insured. He was survived by his wife and a minor child. The circumstances were such as to give rise to a claim for wrongful death under G. L. c. 229, § 2 (as appearing in St. 1973, c. 699, § 1), but not a claim for conscious pain and suffering. The plaintiff commenced an action against the insured in the *337Superior Court in which he pressed the claim for wrongful death.

The policy issued by the defendant contains (1)…