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FRANCHI v. STELLA

No. 95-P-1095.

42 Mass. App. Ct. 251 (1997)

PASQUALE FRANCHI, trustee, & another v. JOHN J. STELLA, JR.

Court of Appeals of Massachusetts, Middlesex.

February 26, 1997.

Attorney(s) appearing for the Case

Barbara A. H. Smith for the defendant.

Anil Maden for the plaintiffs.

Present: PERRETTA, KASS, & JACOBS, JJ.

KASS, J.

We deal in this case primarily with: (1) the liability of an insurance broker for damages to his customer for the inclusion of an unanticipated and unnoticed "protective safeguards endorsement" in a builders' risk insurance policy; and (2) the authority of a trial judge to order a new trial (on damages) after the plaintiff has accepted a remittitur offered by the judge.

Facts.

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