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EMPLOYERS' LIABILITY ASSURANCE CORP. LTD. v. VELLA

366 Mass. 651 (1975)

321 N.E.2d 910

THE EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD. vs. ANDREW R. VELLA & others.

Supreme Judicial Court of Massachusetts, Berkshire.

January 17, 1975.

Attorney(s) appearing for the Case

Andrew T. Campoli for the intervener.

Clement A. Ferris for the plaintiff.

Santino C. Cornelio, for the defendants, joined in a brief.

Present: TAURO, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

The insurer under a combination motor vehicle policy seeks a declaration that it is entitled to disclaim liability, after an accident, on the ground of intentional misrepresentation of ownership by the named insured. The true owner was not the named insured but his twenty-year old son, who lived with his parents. We hold that there was no evidence that the misrepresentation was material and that the insurer...

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