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COMMERCE INSURANCE CO., INC. v. GENTILE

SJC-11706.

472 Mass. 1012 (2015)

36 N.E.3d 1243

COMMERCE INSURANCE CO., INC. v. VITTORIO GENTILE & others.

Supreme Court of Massachusetts.

September 16, 2015.

Attorney(s) appearing for the Case

Brian P. Burke for the defendants.

Richard R. Eurich ( John P. Graceffa with him) for the plaintiff.

Charlotte E. Glinka , J. Michael Conley , & Thomas R. Murphy , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

E. Michael Sloman , for Automobile Insurers Bureau, amicus curiae, submitted a brief.

Facts.

The Gentiles purchased through Commerce the standard Massachusetts automobile insurance policy, seventh edition, which was approved by the Commissioner of Insurance (commissioner). The policy insured both the Gentiles and their vehicles. A section of the policy titled "Our Agreement" provided that "[t]his policy is a legal contract under Massachusetts law." It stated further that "[o]ur contract consists...

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