Posts tagged "1015615"

Commerce Insurance Co., Inc. v. Gentile, et al. (Lawyers Weekly No. 10-156-15)

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SJC-11706

COMMERCE INSURANCE CO., INC.  vs.  VITTORIO GENTILE & others.[1]

September 16, 2015.

Insurance, Motor vehicle insurance, Coverage, Misrepresentation.  Motor Vehicle, Insurance, Permission to operate.  Contract, Insurance.  Practice, Civil, Summary judgment.

     This case concerns the obligation of Commerce Insurance Company (Commerce) to pay optional bodily injury benefits under a standard Massachusetts automobile insurance policy.  The defendants Vittorio and Lydia Gentile (Gentiles) were the policyholders, and their grandson Vittorio Gentile, Jr. (Junior), was an “excluded operator” under the policy.  While operating one of the Gentiles’ vehicles covered by the policy, Junior caused an accident that seriously injured Douglas and Joseph Homsi (Homsis).[2],[3]  Commerce sought a judgment declaring that the Gentiles’ violation of the operator exclusion form relieved it of any duty to pay the Homsis under the optional bodily injury provisions of the insurance contract.[4]  A Superior Court judge ruled that the Gentiles had violated their duty of “continuing representation” (as to whether Junior was in fact operating their vehicles), and therefore, Commerce was relieved of its duty to pay the optional coverage for the Homsis’ injuries.  The Appeals Court affirmed the judgment on that basis and on the basis that the Gentiles had committed a breach of the insurance contract.  Commerce Ins. Co. v. Gentile, 85 Mass. App. Ct. 67 (2014).  We granted further appellate review. read more

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Posted by Massachusetts Legal Resources - September 16, 2015 at 4:44 pm

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