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FLEURGIN v. SAFETY INS. CO.

416 Mass. 503 (1993)

624 N.E.2d 83

FLORENS FLEURGIN vs. SAFETY INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 7, 1993.

Attorney(s) appearing for the Case

Alice Olsen Mann (Karyn T. Hicks & Denise K. Cahalane with her) for the defendant.

Michael A. Paris for the plaintiff.

Present: LIACOS, C.J., WILKINS, ABRAMS, & O'CONNOR, JJ.

O'CONNOR, J.

This case is the third of three we consider today involving the definition of an "underinsured" automobile under a standard Massachusetts automobile insurance policy issued by the defendant, Safety Insurance Company. See Alguila v. Safety Ins. Co., ante 494 (1993); Safety Ins. Co. v. Laurent, ante 500 (1993).

The following facts are undisputed. The plaintiff, Florens Fleurgin, and two other individuals were injured...

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