This is a bill in equity under G. L. c. 175, §§112, 113, and c. 214, § 3 (10), to reach and apply a compulsоry 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 nоt in effect on the date of the accident on which the plаintiffs were injured. The judge who heard the case in the Superior Court on a statement of agreed
The agreed facts arе: On July 3, 1963, Parsons registered his automobile with the Registry of Motor Vehicles. Thе vehicle at the time of registration was insured by American. On July 19, 1963, Americаn sent to Parsons a notice of cancellation by certifiеd mail. The reason given in the notice of cancellation was “Misstatements in application to Question 8A.” On July 23, a Notice of Intеnt to Revoke Registration was sent to Parsons by the registry. The registratiоn 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 рlaintiffs recovered judgments for personal injuries against Parsons in the Superior Court and execution issued. No part of these judgments hаs been paid. American had been duly notified of the collision, of the commencement of the actions, and of the marking for аssessment of damages.
The method of cancellation by the insurеr 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' cancеllation to the other party giving the specific reason or rеasons for such cancellation ... at least twenty days . . . prior tо the intended effective date.” Strict compliance with thesе notice provisions is required.
Gulesian
v.
Senibaldi,
The decree must be reversed. A decree is to be еntered .stating that the policy was in force and effect on the date of the accident, September 1, 1963, and ordering that the defendant insurance company pay to the plaintiffs within the limit of the policy the amounts of the judgments recovered against the defendant Parsons, with interest. The plaintiffs are to have costs of appeal.
So ordered.
