A Lien on Underinsured Benefits?

The word “damages” in MGL 111 s70A does not include underinsurance benefits within the scope of the lien. Underinsurance benefits aren’t considered damages because they are not legal liabilities, but are contractual liabilities for which the insured paid premiums. Damages are the monies payable by a tortfeasor (wrongdoer) who is liable for injuries caused by…

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