Estate of Mason v. Amica Mutual Insurance Co.Annotate this Case
Three individuals were passengers in a vehicle driven by Kristina Lowe. Lowe negligently caused the vehicle to crash, and Rebecca Mason and Logan Dam died from injuries they sustained. At the time of the accident, Lowe was a resident at the home of her mother, Melissa Stanley. Stanley had a personal auto insurance policy issued by Amica that provided for $300,000 in liability coverage. The Estates brought wrongful death actions against Lowe, and the parties stipulated to the entry of judgments against Lowe in favor of the Estates in the amount of one million dollars. The Estates then filed reach-and-apply actions against Amica seeking to apply insurance money from Stanley’s policy to the judgments against Lowe. The superior court concluded that the Estates could not reach and apply insurance money from Stanley’s policy toward satisfaction of the judgments against Lowe because the “regular use” exclusion in the policy applied to preclude coverage for Lowe’s negligent use of the car. The Supreme Judicial Court affirmed, holding that the regular use exclusion in Stanley’s policy applied to preclude coverage in this case.