Hingham Mutual Fire Insurance v. Mercurio

Wexler, James H., J.

The plaintiff, Hingham Mutual Fire Insurance Company (“Hingham”) commenced this action to obtain a declaratory judgment stating that it had the legal right to rescind an insurance policy it had issued to David and Melanie Mercurio on the grounds that the Mercurios had made a material misrepresentation on their application. Hingham also presents an alternate theory that there was never a meeting of the minds over the terms of the insurance *87policy and that the policy should therefore be reformed.

Based on all of the credible evidence and the reasonable inferences that the…