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SOUTHEASTERN INS. AGENCY v. LUMBERMENS MUT INS

No. 94-P-402.

38 Mass. App. Ct. 642 (1995)

SOUTHEASTERN INSURANCE AGENCY, INC. vs. LUMBERMENS MUTUAL INSURANCE COMPANY.

Appeals Court of Massachusetts, Bristol.

June 21, 1995.

Attorney(s) appearing for the Case

Stephen M.A. Woodworth (Carroll D. Coletti with him) for the defendant.

Mary Alice McLaughlin for the plaintiff.

PRESENT: WARNER, C.J., SMITH, & JACOBS, JJ.

WARNER, C.J.

This case presents the questions whether (1) an insured party, Don Adams Oil Company (Adams), is entitled to reformation of an insurance contract on the basis of mutual mistake between it and an insurance agent, Southeastern Insurance Agency (Southeastern); and (2) an insurer, Lumbermens Mutual Insurance Company (Lumbermens), is entitled to indemnification from the agent for amounts paid in excess of...

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