Massachusetts Supreme Judicial Court

Jeffrey Frank Cubberley & Another v. the Commerce Insurance Company

January 30, 2025

Summary

The court affirmed dismissal of the plaintiffs' complaint seeking payment of inherent diminished value damages under third-party automobile liability coverage. It held that the plaintiffs lacked standing because they had not first obtained final judgments against the insured drivers, and it further concluded that the 2016 standard policy excludes inherent diminished value damages and that no statute or prior policy decision otherwise requires coverage.