Assetta, et al. v. Safety Ins. Co., 43 Mass. App. Ct. 317 (1997)

SUGARMAN lawyers won an arbitration award for a woman after she was struck in the face and injured by a bottle thrown out of a moving vehicle, by that vehicle’s operator. The arbitration occurred after a successful appeal by SUGARMAN lawyers. The Appeals Court held that the incident did arise out of the use of a motor vehicle and, as a result, the plaintiff was entitled to underinsured motorist benefits under the Massachusetts Auto Policy.