MacGillivary v. W. Dana Bartlett Insurance Agency of Lexington, Inc.

MacGillivary, doing business as Arlington Motor Mart and Marine and engaged in the selling of boats, in 1977 purchased a Sea Ray motorboat, to be used for demonstration purposes in the Gloucester harbor area. He ordered insurance (including theft coverage) for it through an insurance brokerage office, W. Dana Bartlett Agency of Lexington, Inc. (Bartlett), and John F. Lee, a broker with Bartlett, theretofore frequently employed by MacGillivary. Lee had difficulty (based upon underwriting problems, perhaps because MacGillivary was a dealer in boats and because of the high horsepower ratio of…