CAR MARKET CAR RENTAL INC. v. CLOUDEN


1987 Mass. App. Div. 126 (1987)

Car Market Car Rental Inc. vs. Henry Clouden and another

Massachusetts Appellate Division, Municipal Court.

June 16, 1987.


Attorney(s) appearing for the Case

Steven B. Boris for the plaintiff.

James E. McCambridge for the defendant Liberty Mutual.

Present: Donovan, P.J., O'Toole & Hershfang, JJ.


Hershfang, J.

Among the trial judge's five pages of careful and extensive findings of fact were the following: the plaintiff had established a course of dealings with Liberty Mutual; it had a practice known to Liberty Mutual of relying on the collision coverage of its lessee's (here Clouden's) insurance policy; Liberty Mutual had specifically told plaintiff that Clouden's policy was in effect; and Liberty Mutual failed to notify plaintiff that payment on that policy...

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