St. Paul Surplus Lines Insurance v. Feingold & Feingold Insurance Agency, Inc.

Wilkins, CJ.

In 1990, the third-party plaintiff (St. Paul) issued a policy of liquor liability insurance to Chopsticks Restaurant of Leominster, Inc. (Chopsticks). St. Paul reasonably relied on information in an application for insurance signed by the president of Chopsticks and prepared by the defendant (Feingold), an independent insurance broker acting for Chopsticks.

The application contained materially false information. If the true facts had been disclosed to St. Paul, it would not have issued the policy. Among the false information on the application were the following statements: (1)…