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CHENARD v. COMMERCE INSURANCE COMPANY

440 Mass. 444 (2003)

DANIELLE L. CHENARD vs. COMMERCE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Essex.

November 26, 2003.

Attorney(s) appearing for the Case

John G. Ryan for Commerce Insurance Company.

John P. Graceffa (Richard W. Jensen with him) for CNA Insurance Companies.

Peter M. Goldberg for the plaintiff.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

CORDY, J.

This case requires us to interpret a provision of the uninsured motorist law, G. L. c. 175, § 113L (5), which was added by the Automobile Insurance Reform Act of 1988. St. 1988, c. 273, §§ 46-47.

1. Background. The material facts are not in dispute. On November 16, 1994, Danielle L. Chenard (plaintiff) sustained injuries as a result of a collision with an uninsured motor vehicle. At...

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