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GUERRIER v. COMMERCE INSURANCE COMPANY

No. 05-P-606.

66 Mass. App. Ct. 351 (2006)

MARIE L. GUERRIER v. COMMERCE INSURANCE COMPANY & another.

Appeals Court of Massachusetts, Suffolk.

May 25, 2006.

Attorney(s) appearing for the Case

Daniel A. Capodilupo (Michael C. Najjar with him) for the plaintiff.

Bruce Medoff for Commerce Insurance Company.

Present: Duffly, Brown, & Katzmann, JJ.

BROWN, J.

A dispute between an insurer and its insured presents a fundamental question whether inaccurate information recorded on a written application for an automobile insurance policy constituted a material misrepresentation, and if so, whether the same was attributable to the insured, or on the other hand, to an agent of the insurer.

In August of 1999, Marie L. Guerrier made claim on her automobile insurance policy after her Toyota sedan was stolen. Commerce...

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