Legal Opinion

Southeastern Insurance Agency, Inc. v. Lumbermens Mutual Insurance

Massachusetts Appeals Court

Decided June 21, 1995No. 94-P-402PublishedCited by 9 opinions

1Opinion of the CourtWarner, C.J.

This case presents the questions whether (1) an insured party, Don Adams Oil Company (Adams), is entitled to reformation of an insurance contract on the basis of mutual mistake between it and an insurance agent, South*643eastern Insurance Agency (Southeastern); and (2) an insurer, Lumbermens Mutual Insurance Company (Lumbermens), is entitled to indemnification from the agent for amounts paid in excess of the stated coverage limits. A judge of the Superior Court granted reformation of the insurance contract and denied Lumbermens’ request for indemnification. Lumbermens appeals from that decision.…

2Cases cited23 opinions

  1. Polaroid Corp. v. the Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1993
  2. Johnston Equipment Corp. of Iowa v. Industrial IndemnitySupreme Court of Iowa · 1992
  3. Franz v. FranzMassachusetts Supreme Judicial Court · 1941
  4. Aetna Casualty & Surety Co. v. SullivanMassachusetts Appeals Court · 1992
  5. Barrell v. BrittonMassachusetts Supreme Judicial Court · 1925

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3Cited by9 opinions

  1. Berezin v. Regency Savings BankCourt of Appeals for the First Circuit · 2000
  2. Caron v. Horace Mann InsuranceMassachusetts Supreme Judicial Court · 2013
  3. Savers Property & Casualty Insurance v. Admiral Insurance Agency, Inc.Massachusetts Appeals Court · 2004
  4. Southeastern Insurance Agency, Inc. v. Lumbermens Mutual InsuranceMassachusetts Supreme Judicial Court · 1996
  5. Hingham Mutual Fire Insurance v. MercurioMassachusetts Superior Court · 2006

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