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· 7/28/1981

Surrey v. Lumbermens Mutual Casualty Co.

Citations

  • 424 N.E.2d 234
  • 384 Mass. 171
  • 1981 Mass. LEXIS 1369

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “statutory words are to be given their usual and ordinary meaning considered in light of the aim to be accomplished by the Legislature”
  • “The aim of the . . . statute is to minimize the catastrophic financial loss for victims of automobile accidents caused by the negligence of uninsured tortfeasors”
  • 17 jurisdictions find physical contact requirement in insurance policies unenforceable under “hit-and-run” and unknown or uninsured motorist provisions; 14 courts find the requirement to be valid
  • 17 jurisdictions find physical contact requirement in insurance policies unenforceable under \hit-and-run\ and unknown or uninsured motorist provisions; 14 courts find the requirement to be valid
  • physical contact may not be required for recovery of uninsured motorist benefits for hit-and-run accident
  • “We believe it is wholly inconsistent with this broad remedial purpose to permit the insurer to evade mandated coverage by erecting an artificial, arbitrary barrier to recovery”

Source: CourtListener parenthetical corpus (CC0).

Judges: Abrams, Braucher, Hennessey, Liacos, Nolan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.