Massachusetts Appeals Court May 25, 2006, No. 05-P-606 (Guerrier v. Commerce Insurance)

Brown, J.

A dispute between an insurer and its insured presents a fundamental question whether inaccurate information recorded on a written application for an automobile insurance policy constituted a material misrepresentation, and if so, whether the same was attributable to the insured, or on the other , hand, to an agent of the insurer.

In August of 1999, Marie L.