Fields v. Parsons

• Decision Date: 29 February 1968
• Citation: 234 N.E.2d 744,353 Mass. 706
• Parties: Marlon FIELDS et al. 1 v. Robert PARSONS, Jr., et al. 2
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 744

234 N.E.2d 744

353 Mass. 706

Marlon FIELDS et al. ¹ v. Robert PARSONS, Jr., et al. ²

Supreme Judicial Court of Massachusetts, Suffolk.

Argued Feb. 8, 1968.

Decided Feb. 29, 1968.

Joseph Gorfinkle, Boston for plaintiffs.

Charles S. Walkup, Jr., Boston, for The American Ins. Companies.

Before WILKINS, C.J., and SPALDING, WHITTEMORE, CUTTER, and KIRK, JJ.

KIRK, Justice.

This is a bill in equity under G.L. c. 175, §§ 112, 113, and c. 214, § 3(10), to reach and apply a compulsory motor vehicle liability insurance policy issued to the defendant Parsons. G.L. c. 90, § 1A. The defendant insurance company (American) answered that the policy had been cancelled and was not in effect on the date of the accident on which the plaintiffs were injured. The judge who heard the case in the Superior Court on a statement of agreed facts entered a decree dismissing the bill. The plaintiffs appealed.

The agreed facts are: On July 3, 1963, Parsons registered his automobile with the Registry of Motor Vehicles. The vehicle at the time of registration was insured by American. On July 19, 1963, American sent to Parsons a notice of cancellation by certified mail.

The reason given in the notice of cancellation was 'Misstatements in application to Question 8A.' On July 23, a Notice of Intent to Revoke Registration was sent to Parsons by the registry. The registration was not revoked until October 3. The registration plates have not been returned. On September 1, 1963, the plaintiffs were injured as a result of a collision with the vehicle, which was being driven by Parsons. On March 2, 1964, the plaintiffs recovered judgments for personal injuries against Parsons in the Superior Court and execution issued. No part of these judgments has been paid. American had been duly notified of the collision, of the commencement of the actions, and of the marking for assessment of damages.

The method of cancellation by the insurer of a compulsory insurance policy is prescribed in G.L. c. 175, § 113A(2). The statute provides that no cancellation shall 'be valid unless written notice thereof is given by the party proposing cancellation to the other party giving the specific reason or reasons for such cancellation * * * at least twenty days * * * prior to the intended effective date.' Strict compliance with these notice provisions is required. Gulesian v. Senibaldi, 289 Mass. 384, 387, 194 N.E. 119. White v. Edwards, --- Mass. ---, ---, ^a 227 N.E.2d 354. We think the reason given in the cancellation notice was not sufficient to comply with the statute. It does not inform the insured of the substance of question 8A, of the nature of the 'misstatements' discovered, or, indeed, whether the question was included in the application for registration or for insurance. The fundamental purpose of the compulsory insurance statute is the protection of travelers. Wheeler v. O'Connell, 297 Mass. 549, 553, 9 N.E.2d 544, 111 A.L.R. 1038. Had an adequate notice been given to Parsons, he may have found grounds to prevent the cancellation, or have been able to obtain a new policy of insurance elsewhere. Compliance with the notice...