Taxeira v. Arter Et Al‪.‬

QUA, Justice. The plaintiff has recovered judgment against the defendant Mary Arter as administratrix of the estate of Robert Arter for personal injuries sustained while the plaintiff was riding in an automobile driven by said Robert Arter. He brings this bill under G.L. (Ter.Ed.) c. 214, § 3, cl. 10, to reach and apply in satisfaction of his judgment the obligation of the defendant American Employers' Insurance Company under a motor vehicle liability policy insuring said Robert Arter. The sole question at issue is whether the defendant insurance company, hereinafter called the company, had cancelled the policy before the accident. G. L. c. 175, § 113A, as amended by St. 1926, c. 368, § 4, requires the inclusion in such policies of a provision that 'no cancellation of the policy * * * shall be valid unless written notice is given by the party proposing cancellation to the other party at least fifteen days prior to the intended effective date thereof.' But the policy here in question also contained a further provision that 'Notice of cancellation sent by registered mail to, or delivered at, the address of the named assured as given in the Declarations shall be a sufficient notice.' The accident occurred on December 7, 1928, between five and six p.m. On November 22, 1928, the company mailed at Boston by registered mail addressed to the assured at 'Goward's Corner, Baston, Mass.,' which was the address set out in the policy, a notice that the insurer 'was cancelling' the policy as of 12:01 a. m. December 7, 1928. Easton is about twenty-five miles from Boston. The notice was received at the Easton post office on November 23, 1928. It was never delivered to or received by Robert Arter and was mailed back by the post office to the company five days later. The trial Judge ruled that notice of cancellation was not given at least fifteen days prior to the intended effective date thereof and entered a final decree in favor of the plaintiff.