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eBook details

• Title: Chamberlain v. Employers' Liability Assur.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 09, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

FIELD, Justice. This is a suit in equity to reach and apply in satisfaction of a judgment obtained by the plaintiff for personal injuries the obligation of the defendant Employers' Liability Assurance Corporation, Limited, under a motor vehicle liability policy issued by it to the defendant McEvoy. G. L. (Ter. Ed.) c. 214, § 3(10). The Judge who heard the case ordered the entry of a final decree dismissing the bill and reported the case for the determination of this court 'on the pleadings, the statement of findings and rulings, the additional facts agreed upon by the parties * * * and the order for a final decree,' and on the terms that if the Judge 'was warranted in ordering that such a final decree be entered, a final decree is to be entered as ordered; otherwise such a final decree is to be entered as Justice and equity may require.' The plaintiff was injured by being struck by an automobile owned and operated by the defendant McEvoy on November 21, 1931, and on March 4, 1932, recovered judgment against said McEvoy. The defendant insurance company in May, 1931, issued to the defendant McEvoy a compulsory motor vehicle liability insurance policy covering the automobile involved in the accident for the period from May 28, 1931, to December 31, 1931, and issued a 'certificate,' stating that it had issued such a policy, which was filed with the registrar of motor vehicles in connection with the registration of the automobile. See G. L. (Ter. Ed.) c. 90, §§ 34A, 34B. This automobile was registered May 28, 1931. The defendant insurance company contends that it is not required to pay the judgment obtained by the plaintiff against the defendant McEvoy for the reason that the motor vehicle liability policy issued by it to the defendant McEvoy was not in force on the day of the accident, having been cancelled previously. The Judge found that the policy was properly cancelled and that the cancellation became effective November 20, 1931. Whether on the facts found or agreed upon the policy was effectively cancelled before the accident is the question for our decision. We think that it was so cancelled.

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