Southeastern Insurance Agency, Inc. v. Lumbermens Mutual Insurance

At issue is whether the negligence of Southeastern Insurance Agency, *1009Inc. (Southeastern), was the proximate cause of a loss sustained by Lumbermens Mutual Insurance Company (Lumbermens), thereby entitling Lumbermens to indemnification from Southeastern. A Superior Court judge held for Southeastern. Lumbermens appealed, and the Appeals Court affirmed.1 Southeastern Ins. Agency, Inc. v. Lumbermens Mut. Ins. Co., 38 Mass. App. Ct. 642, 649 (1995). We granted Lumbermens’ application for further appellate review. We conclude that, because Commonwealth Automobile Reinsurers (CAR) was not joined as…