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HINGHAM MUTUAL FIRE INSURANCE COMPANY v. MERCURIO

No. 06-P-1994.

71 Mass. App. Ct. 21 (2008)

HINGHAM MUTUAL FIRE INSURANCE COMPANY v. DANIEL P. MERCURIO & others.

Appeals Court of Massachusetts, Worcester.

January 4, 2008.

Attorney(s) appearing for the Case

Kevin Hensley for the plaintiff.

Susan A. Hartnett for the intervener.

Present: Cypher, Vuono, & Grainger, JJ.

GRAINGER, J.

Hingham Mutual Fire Insurance Company (Hingham) appeals the entry of a declaratory judgment by a judge of the Superior Court denying its right to rescind a one million dollar personal umbrella policy (the policy) issued to David and Melanie Mercurio (the Mercurios), and dismissing its claim for reformation of the policy. We affirm.

1. Background. After a jury-waived trial, the judge found...

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