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MAKRIGIANNIS v. NINTENDO OF AMERICA, INC.; SUMITOMO MARINE AND FIRE INSURANCE COMPANY, LTD.

442 Mass. 675 (2004)

TONY MAKRIGIANNIS & another v. NINTENDO OF AMERICA, INC., & another; SUMITOMO MARINE and FIRE INSURANCE COMPANY, LTD., third-party defendant.

Supreme Court of Massachusetts, Middlesex.

October 13, 2004.

Attorney(s) appearing for the Case

Michael F. Aylward (Richard W. Jensen with him) for Sumitomo Marine and Fire Insurance Company, Ltd.

Alice Olsen Mann (Joan S. Amon with her) for the plaintiffs.

Owen Gallagher, pro se, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

IRELAND, J.

This case raises an issue of first impression: whether, under a "vendor's broad form" insurance policy endorsement, a manufacturer's insurer is required to indemnify a vendor whose negligence in setting up a display of the manufacturer's product was the sole cause of injuries to a customer. We granted the plaintiffs' application for direct appellate review to consider whether a Superior Court judge erred where...

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