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ST. PAUL SURPLUS LINES INSURANCE COMPANY v. FEINGOLD & FEINGOLD INSURANCE AGENCY, INC.

427 Mass. 372 (1998)

ST. PAUL SURPLUS LINES INSURANCE COMPANY & another v. FEINGOLD & FEINGOLD INSURANCE AGENCY, INC.

Supreme Judicial Court of Massachusetts, Worcester.

May 4, 1998.

Attorney(s) appearing for the Case

Michael R. Byrne (Robert P. Powers with him) for the defendant.

Edward J. McDonough, Jr., for the plaintiffs.

Richard L. Neumeier, for Professional Independent Insurance Agents of Massachusetts, amicus curiae, submitted a brief.

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

WILKINS, C.J.

In 1990, the third-party plaintiff (St. Paul) issued a policy of liquor liability insurance to Chopsticks Restaurant of Leominster, Inc. (Chopsticks). St. Paul reasonably relied on information in an application for insurance signed by the president of Chopsticks and prepared by the defendant (Feingold), an independent insurance broker acting for Chopsticks.

The application contained materially false...

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