Home/Massachusetts Supreme Judicial Court/Rae v. Air-Speed, Inc.

Rae v. Air-Speed, Inc.

435 N.E.2d 628, 386 Mass. 187, 1982 Mass. LEXIS 1440
CourtMassachusetts Supreme Judicial Court
DecidedMay 10, 1982
StatusPublished
Cited by179 cases

This text of 435 N.E.2d 628 (Rae v. Air-Speed, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rae v. Air-Speed, Inc., 435 N.E.2d 628, 386 Mass. 187, 1982 Mass. LEXIS 1440 (Mass. 1982).

Opinion

Lynch, J.

Christine Rae, as administratrix of the estate of her husband, Thomas Rae, appeals from the granting of partial summary judgment against her, in favor of Hans-man McAvoy & Co., Inc. (Hansman), an insurance agent and broker. Thomas Rae, while employed by the defendant Air-Speed, Inc. (Air-Speed), died in the crash of an aircraft owned by the defendant Executive Airlines, Inc. (Executive), and leased to Air-Speed. The circumstances surrounding the accident are described in Ranger Ins. Co. v. Air-Speed, Inc., 9 Mass. App. Ct. 403 (1980). On August 7, 1980, Rae filed suit, on her own behalf and as ad-ministratrix for the estate of her husband, against AirSpeed, Executive, and Kermit Mitchell (whom she described as the president and principal stockholder of both corporate defendants), alleging a violation of G. L. c. 152 (failure to provide workers’ compensation insurance) and negligence (in requiring Thomas Rae to fly an aircraft not properly supplied with fuel).

On August 11, 1980, Rae, in her capacity as administra-trix, amended her complaint to add Hansman as a defendant. In her first count against Hansman, Rae alleged that (1) “sometime in the early summer of 1977 [Hansman was] hired by . . . Air-Speed . . . and Executive ... for the purposes of placing Workmen’s Compensation insurance coverage”; (2) Hansman notified Air-Speed that workers’ compensation coverage became effective on July 14, 1977; and (3) “[Hansman] negligently failed to forward premium payments to Liberty Mutual [Life] Insurance Company knowing that it had a duty to do so to both . . . Air-Speed . . . and [Air-Speed’s] employees.” In support of her negligence count, Rae appended to her complaint a copy of the “notice” of insurance coverage referred to in that complaint. This notice is printed on the following page.

In her second count against Hansman, Rae alleged that (1) in the early summer of 1977 Hansman and Air-Speed entered into a contract whereby Hansman was to place *190 workers’ compensation insurance on behalf of Air-Speed “and for the benefit of the plaintiff’s intestate who was an employee of” Air-Speed, and (2) Hansman breached its contract by failing to obtain this insurance, thereby causing damage to Rae’s decedent, who would otherwise have been entitled to recovery under G. L. c. 152. On each count of her complaint against Hansman, Rae sought $750,000 in damages.

*189

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Bluebook (online)
435 N.E.2d 628, 386 Mass. 187, 1982 Mass. LEXIS 1440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rae-v-air-speed-inc-mass-1982.