The motion judge found special circumstances based on the peculiar three-fold nature of the respondent's potential claims against the appellant. He described these in para. 27 of his reasons: (1) The insured may sue only the tort feasor. Then, after obtaining judgment, demand payment from the insurer under the uninsured cover of the contract of insurance, then should there be refusal to pay, an action may be commenced for breach of contract. No limitation period would be involved prior to the date of judgment against the tort feasor. (2) The insured may bring an action naming only his or her uninsured motorist insurer. (3) The insured may join both the insurer and the tort feasor as parties defendant in the same action; Johnson v. Wunderlich, supra.
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