Search Site
Menu
Common Situation 7 – Child Injured with Mother as Named Insured

Common Insurance Situations in Mass Auto Accidents

Common Situation 7
Mother is the named insured. She and her child are injured by another driver who is wholly at fault. What coverages are available to mother and child? Assume mother is the named insured on a second vehicle with much higher underinsurance limits than the occupied vehicle.

Answer to Common Situation 7
Both mother and child will obtain the bodily injury coverage under Part 5 of the offending vehicle or, if no Part 5 coverage, then from Part 1 of that vehicle.

As for underinsurance benefits, both mother and child are bound by the coverage limits of the vehicle they were occupying. This is no surprise for Mother. However, the situation has been clarified—unhappily—in the case of the child. The Supreme Judicial Court of Massachusetts has decreed that the coverage on the occupied vehicle controls even if that occupant is not a named insured. Chenard v. Commerce Insurance Company, 440 Mass. 444 (2003). This seemingly flies in the face of the statute that permits someone who is not a named insured on any policy—such as a child—to recover from the highest policy of a resident relative. M.G.L. c. 113L(5).

If you had any doubt as to how complicated Massachusetts Auto Insurance law is consider that the trial court judge (the Superior Court judge) decided one way as to how a non-named insured can recover, the Massachusetts Appeals Court decided the opposite way only to have the Supreme Judicial Court decide as did the Superior Court judge.

A further complication is that if the child were a pedestrian, he/she could indeed recover from the larger of the two policies. Similarly, if the father had owned either of the two vehicles instead of the mother owning both, the child could recover from the larger of the two policies.

It is no wonder that Massachusetts Auto Insurance law has been compared to the uninitiated driver’s first foray into the streets of Boston. Cardin v. Royal Insurance Company of America, 394 Mass. 450. (1985).

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen Santora is the kind of attorney you want in your corner. She is incredibly attentive, sharp, and thorough, but what really sets her apart is that she gets things done. When you have Colleen representing you, you know your case is not going t...

    Read more

    D. Tripp

  • google
    5.0/5.0

    Colleen was amazing. I appreciated her professional expertise and her dedication to helping me get a fair settlement. I am so glad she was my attorney and I highly recommend her.

    Read more

    Sophia Elefther

  • google
    5.0/5.0

    My lawyer at this firm was Colleen, she is amazing! Everything was explained to me from the beginning, timeframe was awesome. She is a very knowledgeable lawyer. I would recommend this Law Firm.

    Read more

    Donna Keene

  • google
    5.0/5.0

    I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...

    Read more

    Alexander Foygelman

  • google
    5.0/5.0

    Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...

    Read more

    M Gao

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form

  • This field is for validation purposes and should be left unchanged.