Carter v. Empire Mutual Insurance

I fully concur in the majority opinion. In addition to my usual disdain for those litigants with unclean hands seeking equity (compare Tele-transmissions, Inc. v. David, 5 Mass. App. Ct. 864, 865 [1977] [Brown, J., concurring]), I find the defendants’ contentions as unconvincing as their acts are unconscionable.

It may well be that as between Empire and Colony, Main was the agent of Empire; however, it is clear beyond doubt to me (as it was to the trial judge) that as between the plaintiff and Colony, Main must be considered the agent of Colony. See Restatement (Second) of Agency § 14L,…