Morrison Mahoney Partner Joe Caffrey secured summary judgment in favor of an insurer client for a significant police officer injury claim arising out of injuries sustained to a police officer during arrest of uninsured auto operator following police chase that resulted in a motor vehicle accident.
The police officer alleged that his injuries were sustained while struggling with the uninsured motorist to pull the motorist out of his auto and that therefore the injuries were alleged to have arisen out of the operation and use of the uninsured auto. On that basis, the police office filed an uninsured motorist claim against the auto insurer of his household vehicles.
Following disclaimer of the police officer’s uninsured motorist claim, counsel for the police officer filed a declaratory judgment in the Superior Court and moved for summary judgment based upon MA Superior Court precedent. Joe filed a cross-motion for summary judgment and secured dismissal of the claim based upon MA Appeals Court precedent that does not involve an auto accident but that does provide that police officer injuries sustained following a traffic stop while a suspect was resisting arrest are not injuries that are considered as involving the operation or use of an uninsured auto.
The 10 page summary judgment decision by Judge Christopher Barry-Smith was not appealed and is now a final judgment.
