Legal Opinion
EMPLOYERS'LIABILITY ASSURANCE CORP. LTD. v. Vella
Massachusetts Supreme Judicial Court
Decided January 17, 1975PublishedCited by 47 opinions
1Opinion of the CourtBraucher, J.
The insurer under a combination motor vehicle policy seeks a declaration that it is entitled to disclaim liability, after an accident, on the ground of intentional misrepresentation of ownership by the named insured. The true owner was not the named insured but his twenty-year old son, who lived with his parents. We hold that there was no evidence that the misrepresentation was material and that the insurer lost any right to disclaim by its delay in asserting the right after discovering the facts. We therefore reverse the decree obtained by the insurer and direct the entry of a decree for the…
2Cases cited18 opinions
- Allstate Insurance v. KellerAppellate Court of Illinois · 1958
- Salonen v. PaanenenMassachusetts Supreme Judicial Court · 1947
- Didlake v. Standard Ins. CoCourt of Appeals for the Tenth Circuit · 1952
- Sullivan v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1961
- Rose v. ReganMassachusetts Supreme Judicial Court · 1962
13 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Sorensen v. SorensenMassachusetts Supreme Judicial Court · 1975
- Protective Life Insurance v. SullivanMassachusetts Supreme Judicial Court · 1997
- A.W. Chesterton Co. v. Massachusetts Insurers Insolvency FundMassachusetts Supreme Judicial Court · 2005
- Pinshaw v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1988
- Federal Insurance Co v. HPSC, Inc.Court of Appeals for the First Circuit · 2007
42 more not listed; retrieve them via the Exa API.