[Download] "Louisiana Municipal Association v. State" by Louisiana Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Louisiana Municipal Association v. State
- Author : Louisiana Supreme Court
- Release Date : January 06, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
LUMMUS, Justice. The plaintiffs, administrators with the will annexed of the estate of George T. Sleeper, late of Winthrop, obtained judgment in this commonwealth against one Henry D. Stetson for negligence in his operation in New Hampshire of his automobile on March 30, 1930, which resulted in personal injury to said Sleeper and his subsequent death. The defendant insurance company insured said Stetson under the Massachusetts Compulsory Motor Vehicle Liability Insurance Act, and for an additional premium gave him also extraterritorial coverage insuring him against liability incurred in other territory including New Hampshire. The liability in this case was not covered by the Massachusetts compulsory policy, for it did not arise out of the operation of the automobile upon the ways of the commonwealth. G. L. (Ter. Ed.) c. 90, § 34A. The question is whether it was covered by the extraterritorial coverage. No Massachusetts statute requires any insurance, or prescribes any form of policy, indemnifying the owner or operator of a motor vehicle against liability resulting from its operation elsewhere than upon the ways of the commonwealth. As to the extraterritorial coverage the rights of the plaintiffs against the defendant insurance company cannot rise higher than those of Stetson, and if Stetson is not entitled to indemnity from the defendant insurance company there is nothing for the plaintiffs to reach by this bill in equity under G. L. (Ter. Ed.) c. 175, §Â§ 112, 113, and chapter 214, § 3(10); Souza v. Car & General Assurance Corp., Ltd., 281 Mass. 117, 183 N.E. 140, and cases cited; Sheldon v. Bennett, 282 Mass. --, 184 N.E. 722.