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KHATCHATOURIAN v. ENCOMPASS INSURANCE COMPANY OF MASSACHUSETTS

No. 09-P-1061.

78 Mass. App. Ct. 53 (2010)

ANAHID KHATCHATOURIAN & another v. ENCOMPASS INSURANCE COMPANY OF MASSACHUSETTS; JOHN AFTANDILIAN & another, third-party defendants.

Appeals Court of Massachusetts, Middlesex.

October 14, 2010.

Attorney(s) appearing for the Case

Andre A. Sansoucy for the plaintiffs.

Michael P. Johnson for the defendants.

Present: CYPHER, BROWN, & RUBIN, JJ.

RUBIN, J.

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...

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