Higbee v. Ambassador Taxi, Inc.

4 Citing cases

  1. Boyle v. Zurich American Insurance Co.

    No. MICV2011-02244 (Mass. Super. Jun. 13, 2014)

    Thus, the Boyles' technical violation of § 58A does not mean that the judgment obtained against C& N is void or unenforceable, and does not get Zurich off the hook. The decision in Higbee v. Ambassador Taxi, Inc ., 369 Mass. 967, 341 N.E.2d 258 (1976), is not to the contrary. In that case, the plaintiff could not recover against Ambassador Taxi's insurer because it " failed to give the required statutory notice and to file an affidavit thereof" in accord with § 58A. Id . at 968.

  2. Ocasio v. Muniz

    2008 Mass. App. Div. 181 (Mass. Dist. Ct. App. 2008)

    Sentry Insurance received timely notice of the entry of default. Accordingly, we believe that Ocasio's failure to file an affidavit of compliance caused it no prejudice. Cf. Higbee v. Ambassador Taxi,Inc., 369 Mass. 967, 968 (1976) (insurer denying having received notice of default). "Damages shall not be assessed, except by special order of the court, in an action in which payment of the judgment is secured by a motor vehicle liability policy or a motor vehicle liability bond, both as defined in section thirty-four A of chapter ninety, and wherein the defendant has been defaulted for failure to enter an appearance, until the expiration of four days after the plaintiff has given notice of such default to the company issuing or executing such policy or bond, and has filed an affidavit thereof.

  3. JOHNSON v. PARS, INC

    2004 Mass. App. Div. 187 (Mass. Dist. Ct. App. 2004)

    The issue before the Court is whether the Trial Court waived the affidavit requirement by issuing a "special order." The case law is clear that where no affidavit concerning notice of default is filed by a plaintiff prior to an assessment of damages and the insurer denies any record of receipt of notice and the record indicates that no "special order" of the Court was ever entered, the assessment of damages must be vacated. Higbee v. Ambassador Taxi, Inc., 369 Mass. 967 (1976). In this case, there is no record of a special order having been given. There is evidence that certain portions of the motion session in which the subject was allegedly addressed were not properly recorded.

  4. Jackson v. Corley

    1997 Mass. App. Div. 25 (Mass. Dist. Ct. App. 1997)   Cited 10 times

    G.L.c. 231, 58A. See Higbee v. Ambassador Taxi, Inc., 369 Mass. 967, 968 (1976). Accordingly, the trial court judgment in the amount of $24,857.65 is hereby vacated.