Khatchatourian v. Encompass Insurance

The plaintiffs are victims of a serious motor vehicle accident suing their primary insurer for the negligence of its agent in procuring an insufficient uninsured motorist policy, and for reformation of the insurance contract based upon a mutual mistake. The insurer, Encompass Insurance Company of Massachusetts (Encompass), has impleaded both its agent, Concord Insurance Group, Inc. (Concord), and the individual broker who procured the policy, Concord’s owner, John Aftandilian, with claims for indemnification and contribution. On the cross motions of all parties for summary judgment, a judge…