Massachusetts Appeals Court November 14, 1979 (Ziolkowski v. Continental Insurance)

Hale, C. J.

In this action the plaintiff seeks a declaration of her right to retain the entire proceeds of a settlement paid to her by a third party. The defendant claims that it is entitled to a portion of the proceeds pursuant to its automobile insurance contract with the plaintiff. The proceeds have been placed in an escrow account pending the adjudication of this dispute.