Massachusetts § 85C Action to enforce liability policy or bond; presumption of insured's consent to operation of vehicle

Massachusetts Statutes

§ 85C — Action to enforce liability policy or bond; presumption of insured's consent to operation of vehicle

Massachusetts § 85C

Part IIICOURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

Title IIACTIONS AND PROCEEDINGS THEREIN

Ch. 231PLEADING AND PRACTICE

This text of Massachusetts § 85C (Action to enforce liability policy or bond; presumption of insured's consent to operation of vehicle) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 231, § 85C (2026).

Text

Section 85C. In any civil action, under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen to reach and apply the proceeds of any motor vehicle liability policy, as defined in section thirty-four A of chapter ninety, by a judgment creditor in any action to recover damages for bodily injuries, including death at any time resulting therefrom, or the consequential damages specified in said section thirty-four A, arising out of an accident or collision in which a motor vehicle, as defined in sections one and thirty-four A of said chapter ninety, was involved, and in any action under section thirty-four G of said chapter ninety on a motor vehicle liability bond, as defined in said section thirty-four A, it

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Section 85C. In any civil action, under section one hundred and thirteen of chapter one hundred and seventy-five and clause (9) of section three of chapter two hundred and fourteen to reach and apply the proceeds of any motor vehicle liability policy, as defined in section thirty-four A of chapter ninety, by a judgment creditor in any action to recover damages for bodily injuries, including death at any time resulting therefrom, or the consequential damages specified in said section thirty-four A, arising out of an accident or collision in which a motor vehicle, as defined in sections one and thirty-four A of said chapter ninety, was involved, and in any action under section thirty-four G of said chapter ninety on a motor vehicle liability bond, as defined in said section thirty-four A, it shall be presumed that at the time of such accident or collision such vehicle was being operated, maintained, controlled or used with the express or implied consent of the named person insured in such policy or the principal of such bond, and the absence of such consent shall be an affirmative defence to be set up in the answer and proved by the defendant.