Barnstable County Insurance v. Gale

In this appeal we decide whether a material misrepresentation of fact exists which permits the voiding of an insurance policy under G. L. c. 175, § 186. The plaintiff sought a declaratory judgment in the Superior Court that an umbrella liability insurance policy issued to Sanford F. Gale (defendant) was void because the defendant had failed to disclose the ownership of a second automobile. On cross motions for summary judgment, the judge' concluded that the misrepresentation was material as a matter of law and al*127lowed the plaintiff’s motion. In a memorandum issued pursuant to its Rule 1:28,…