BARNSTABLE COUNTY INSURANCE COMPANY v. GALE


425 Mass. 126 (1997)

BARNSTABLE COUNTY INSURANCE COMPANY v. SANFORD F. GALE & another.

Supreme Judicial Court of Massachusetts, Barnstable.

June 4, 1997.


Attorney(s) appearing for the Case

Carol A. Griffin (Ralph C. Sullivan with her) for the plaintiff.

Mark A. Michelson (Lisa Fishbone Wallack with him) for Edna F. Davis.

Robert P. Turner for Sanford F. Gale.

Present: WILKINS, C.J., ABRAMS, LYNCH, & FRIED, JJ.


LYNCH, J.

In this appeal we decide whether a material misrepresentation of fact exists which permits the voiding of an insurance policy under G. L. c. 175, § 186. The plaintiff sought a declaratory judgment in the Superior Court that an umbrella liability insurance policy issued to Sanford F. Gale (defendant) was void because the defendant had failed to disclose the ownership of a second automobile. On cross motions for summary judgment, the judge concluded that...

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