Assetta v. Safety Insurance

Plaintiffs Phyllis Assetta (“Mrs. Assetta”) and John Assetta, Jr. (“Mr. Assetta”) bring this action against defendant Safety Insurance Company (“Safety”), seeking underinsured motorist benefits as a result of an incident which took place on July 13, 1993. Safety moves for summary judgment pursuant to Mass.R.Civ.P. 56, arguing that the injuries received by Mrs. Assetta on that day did not arise out of the ownership, maintenance or use of an automobile as required by the policy issued to Mr. Assetta.

BACKGROUND

The following facts are not disputed for the purpose of this motion. On or about July…