David Rischitelli was driving his mother's car, with her permission, when he was involved in an accident between that car and another vehicle. The driver of the other car got out of his vehicle and physically attacked David. He then left the scene and was never identified or located. David sustained personal injuries, and claim was filed under his mother's policy, issued by Safety, under which David was also covered. The claim was denied, and the insured filed suit.

The trial court entered summary judgment in favor of Safety, and the insured appealed.

The higher court ruled that the only issue to be decided by it was whether there was an accident (i.e., injuries) resulting from the use of the automobile inasmuch as the policy covered only "accidents and losses which result from the ownership, maintenance or use of autos." The policy defined an "accident" as an "event that causes bodily injury . . . arising out of the ownership, maintenance or use of an auto."

The court noted that the weight of authorities support the finding that no coverage is available for injuries sustained when one irate driver attacks another following a collision.

Based on the policy provisions and statutory language, the court concluded that coverage of injuries such as those sustained here was not provided under the Massachusetts auto insurance policy. The attack on David was independent of the collision; therefore, the injuries arose from the intentional wrongdoing of the other driver and not from the use of an automobile.

The judgment entered by the trial court in favor of Safety was affirmed.

David Rischitelli v. Safety Insurance Company--Supreme Judicial Court of Massachusetts, Worcester--November 8, 1996--671 North Eastern Reporter 2d 1243.