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BONITZ v. TRAVELERS INS. CO.

374 Mass. 327 (1978)

372 N.E.2d 254

GRACE F. BONITZ, individually and as administratrix, vs. THE TRAVELERS INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 3, 1978.

Attorney(s) appearing for the Case

James B. Dolan for the insurer.

Owen Gallagher for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & ABRAMS, JJ.

BRAUCHER, J.

The plaintiff claims benefits under a contract providing group life and health insurance to certain employees of the Power Engineering Company, Inc. (employer). The insurer defends on the ground that the plaintiff's deceased husband (the decedent) did not qualify as an "employee" of the employer. On the insurer's motion for summary judgment, a judge of the Superior Court ordered partial summary judgment for...

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