Macbey v. Hartford Accident & Indemnity

RUGG, Chief Justice. The plaintiff seeks by this suit in equity to reach and apply the proceeds of a motor vehicle liability insurance policy as defined by G. L. (Ter. Ed.) c. 90, 34A, to the satisfaction of a judgment obtained by her against the defendant Smith. G. L. (Ter. Ed.) c. 175, 112, 113; c. 214, 3(10). The material facts are not in dispute andare these: The plaintiff was the owner of the motor vehicle covered by the policy of insurance. It was registered in her name and was being operated on a highway in this Commonwealth with the consent of the plaintiff, as owner, by the defendant Smith who, without the knowledge of the plaintiff, was operating without a license. The plaintiff, who was riding in the motor vehicle, brought an action of tort against Smith alleging that she received personal injuries by reason of his gross negligence in operating the motor vehicle. Smith failed to appear and answer in that action and was defaulted but there was no evidence of fraud or collusion between the plaintiff and Smith. The defendant insurer was duly notified of that action and did not appear and defend it. Damages were assessed in the sum of $6,500 for personal injuries suffered by the plaintiff. Judgment was entered accordingly for the plaintiff and execution issued which has not been satisfied in whole or in part. A decree was entered in favor of the plaintiff. The appeal of the defendant insurer brings the case here.