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Appeals court reverses ruling on trooper’s insurance claim; Quincy Mutual could be li

(Click here to view the original thread on the MassCops Message Board)


Posted by: dh18

Trooper in critical condition after being rearended
By Associated Press, 7/26/2003 17:03

WAREHAM, Mass. (AP) A teenager allegedly driving drunk in the breakdown lane of Route 25 slammed into a state police cruiser on Saturday morning, pushing the police car 175 feet and sending the trooper inside to the hospital with severe head injuries.

Trooper Ellen E. Engelhardt was sitting in her cruiser in the breakdown lane in Wareham with her emergency lights on at about 6:10 a.m. when William P. Senne, 18, of Wayland, slammed into the cruiser, according to state police.

Witnesses told state police that Senne was going more than 90 mph when he hit Engelhardt's cruiser. The posted speed limit was 65 mph.

The crash pushed Engelhardt's cruiser about 175 feet and across Route 25. Senne's car, a red Volvo, ended up about 100 feet from the crash site.

Senne said he had fallen asleep at the wheel, according to state police. He was arrested and charged with drunk driving, driving in the breakdown lane, speeding, and other charges. He posted bail, and is scheduled to be arraigned Monday morning in Wareham District Court.

Engelhardt was flown to Boston Medical Center, where she was listed in critical condition with severe head trauma, according to state police. Senne was treated and released from Toby Hospital in Wareham.



Posted by: MCOA41

dh18 or and MSP Trooper please keep us posted.

Thanks

Jeremie



Posted by: SPD529

MA State Police Trooper out of the Bourne barracks. Boyfriend of 13 years is as well. Rumor around my work (currently Boston Medical Center until tomorrow at 11pm) is that she was the same trooper that was rearended by a DK on the highway a few months back.



Posted by: EsxPD319

My thoughts and prayers go out to her, her family and co-workers..




Ed



Posted by: Crvtte65

The picture in the paper was amazing. The car is literally half the size as it used to be



Posted by: mpd61

Sincerest Prayers for the Trooper's recovery. This is her second hit from behind on the highway!


What really PISSES me off is how the 18 year-old kid goes to Tobey and gets released/bailed, all the while the media saying what a "good kid" "student government" "respected" etc.... YA RIGHT! Why was he charged with OUI?
Cuz he's an irresponsible shitbird!!!!!!!!
nfire:



Posted by: j809

Yeah a real shtibird. I hope he serves some time. I really hope she makes it through, all our prayers are with her.

On another side note, I noticed the cruiser was rear ended and it did not explode(thank god). I would like to find out if her car was retrofitted with the gas tank recalls(fix) that Ford did for all police interceptors.



Posted by: Thimios315


That little MoFo. I don't give a 'you know what' if he's the treasure of some queer club at school. If you're too cocked to drive, why do it? We've all been there guys & gals. 90m.p.h. and falling asleep; there has to be more to it. Does anyone know if there's a fund or some type of donation on the Troopers behalf ? Man, the misery that poor family has to live with. I feel bad for everyone in this accident, but that little shitbird (well said) needs a can of whoop-ass opened on him. The prosecutors/judge/jury should really lay the smacketh downeth upon him, regardless if he rear-ended a Trooper, which is even worse considering the lightbar and strobes, or a regular passenger car.




Posted by: strat60

falling asleep = passed out



Posted by: MSP75

News Update:

Teen Faces Charges As Trooper Battles For Life
18-Year-Old Charged In Alleged Drunken Driving Accident

POSTED: 11:30 a.m. EDT July 28, 2003
UPDATED: 5:06 p.m. EDT July 28, 2003

WAREHAM, Mass. -- A Wayland, Mass., teen was charged in an alleged drunken driving accident that left a Massachusetts state trooper fighting for her life Monday.



Teen Faces Charges


NewsCenter 5's Jack Harper reported that 18-year old William Senne was arraigned on a variety of charges after an accident Saturday critically injured Trooper Ellen E. Engelhardt.

Witnesses said that they saw Senne veering in and out of traffic at about 90 mph when his car slammed into the back of Englehardt's cruiser Saturday.


"At the scene, her cruiser was pushed 175 feet. It crossed both travel lanes. She was med-flighted, and is currently at the Boston Medical Center. She has had numerous surgeries. She is currently on life support," prosecutor John McLaughlin said.

Prosecutors said that Engelhardt, 53, may not make it.

"It's a day-to-day thing. We are all hopeful, and we are all praying. She is in our thoughts every day," Massachusetts State Police Lt. Marian McGovern said.

"I've known Ellen for over 20 years. It's tough. Anyone that knows her knows that she is a good person -- a real good person," Massachusetts State Police Trooper Deborah Bruce said.

Before Senne was released on $2,000 bail, McLaughlin said that officials believe that he was driving drunk.

"It would indicate that around the time Mr. Senne struck the cruiser, his level was around .14," McLaughlin said. The legal blood-alcohol level is .08 percent.

"The only thing I can tell you is that the Senne family is deeply affected by this tragedy. They wish the trooper's family well. Obviously, they hope Trooper Engelhardt recovers," defense attorney Joseph Harrington said.

Senne was co-president of the Wayland Class of 2003. He is scheduled to be back in court on Sept. 19.



Posted by: misshotcopbluepants

Quote:
Does anyone know if there's a fund or some type of donation on the Troopers behalf ?

Great idea, Thimios315..... If anyone can get any information in regards to a fund being set up for Trooper Engelhardt, could they please post it?
I am sure she will need all the help she can getting back on her feet.
My heartfelt prayers for her and her family, May she be blessed with a full and speedy recovery.



Posted by: fscpd907

The Boston Herald reported today that the Wayland teen has been cited 3 times since September:

September 2002: Wayland 52 in a 45 zone
June 6, 2003: Danvers 88 in a 65 zone and no seat belt

Senne's license was suspended in late April this year for not paying the September ticket. He paid the fine and got his license back in May.



Posted by: ntvs

Quote:
Originally Posted by fscpd907
The Boston Herald reported today that the Wayland teen has been cited 3 times since September:

September 2002: Wayland 52 in a 45 zone
June 6, 2003: Danvers 88 in a 65 zone and no seat belt

Senne's license was suspended in late April this year for not paying the September ticket. He paid the fine and got his license back in May.
i read this too...some model citizen he is.



Posted by: Capt. Kirk

I also read the herald article. Two days ago people were saying this kid was so great. He obviously thinks a motor vehicle is a toy from his driving history. I hope they throw the book at him. My prayers go out to the Trooper and her family.



Posted by: Muggsy09

My prayers and good thoughts are with Trooper Engelhardt. Hang in there.



Posted by: Macop

Nothing pisses me off more than shit bricks like this kid. Reminds of the dumb broad that killed a cop on a detail some years ago. His name was Dan, I forget his last name he worked at Massasoit Police and then was working for a town when this dumb broad ran him down and then had the nerve to try and leave and give the cops attitude like all she hit was a cone or something. does that ring any bells for anyone, anyway Trooper Engelhardt and her family will be in my nightly prayers.



Posted by: mpd61

Quote:
Originally Posted by Macop
Nothing pisses me off more than shit bricks like this kid. Reminds of the dumb broad that killed a cop on a detail some years ago. His name was Dan, I forget his last name he worked at Massasoit Police and then was working for a town when this dumb broad ran him down and then had the nerve to try and leave and give the cops attitude like all she hit was a cone or something. does that ring any bells for anyone, anyway Trooper Engelhardt and her family will be in my nightly prayers.
Yes, it Was Danny McCarthy Massasoit/Medfield P.D. The shitbird woman who killed him moved to Florida to avoid the shitstorm and kept crying about how tough her life was. Danny left a wonderful wife and kids and was super-active in the community. He was the kind of cop most of us should try to be like.



Posted by: TruthSeeker2

Yeah, Danny was a great guy to work with. I had the honor of working with him for 3 years before he went to Medfield. I also attended several of the "supposed' arraignments for that biatchy. She claimed she had to move to Florida, she was in fear of Police retaliation


God Bless America!! we lost a brother and a friend, and she got a slap on the wrist



Posted by: fscpd907

Fox 25 News Reported Today:

The Wayland teen was court ordered to attend AA meetings earlier this year after a 30 pack was confiscated from his M/V.



Posted by: DC813

fscpd907, you should get an associated press pass.



Posted by: Negaproach

Anyone have an update on her condition?



Posted by: SPD529

Friends at Boston Medical Center say no change. Still Critical



Posted by: Dr.Magoo

To any Trooper on the board,

If you get any info. on her condition or anything we can do to help (give blood etc), let us know. Our thoughts and prayers remain with her, her family and her fellow Troopers.



Posted by: Irishpride

From today's Boston Globe

Injured trooper's condition upgraded slightly

Associated Press
Tuesday, August 12, 2003

There is some improvement reported in the condition of Massachusetts state trooper Ellen Engelhardt.

A state police spokesman says Engelhardt has been upgraded from critical to serious condition at a Boston hospital.

She was injured July 27th when her cruiser was rammed from behind on Route 25 in Wareham by a car driven by a Wayland teen. Eighteen-year-old William Senne has pleaded innocent to several charges including drunken driving.

The Cape Cod Times reports today that Engelhardt remains in a coma but is breathing on her own through a tracheotomy.

The 22-year-veteran works out of the South Yarmouth barracks. She was one of the state's first female state troopers.



Posted by:

My heart goes out to the Trooper and her family and I hope that she can retain sometype of normalcy in her life after this ordeal. But after reading about her condition being upgraded that is great I hope it only gets better, I cant help but to think how difficult of road this woman has ahead of her and for what? Because some sensless teen out on the street F@cking around.

I hope that something good can become of this, I dont know how but I was thinking on the lines of Educating these kids that just dont get the seriousness of what can happen when there behind the wheel of a car.

Because as we all know here, all to well. These kids really have "NO CLUE" about the dangers of operating a motor vehicle when there straight let alone when you throw drugs or alcohol into the mix. They have no idea that when they do this there driving an aimless missle with no conscience. And the result is there are two familys and two people whos lives have been now impacted so severly that it' will stay with them forever and for nothing but a sensless move on the behalf of this kid.

I think my fustration comes from the fact that for some reason no matter how many pictures you show them of bad OUI wrecks and things of that nature these kids just still dont get it and thats SO fustrating.

I dont know maybe the RMV could impliment a training program run like an academy by the State Troopers on a level similar to how they train at an academy by getting up in there face and putting the fear of God into them all while showing them the effects of what can happen to you if you dont pay attention when you drive and even worse if you add drugs and alcohol to the mix. And if they dont pass they dont get a drivers license, and cant try to get one for another year. And after that year they have to go through it again and if they dont pass they have wait another year, maybe then these kids will take driving serious, and also for the ones that fail when they come back in another year hopefully the'll be more mature. And if they dont get it by then well then so sorry for you come back when you do. If a program like that saves the life of one cop or citizen then it's worth it.

I dont kow just my fustrated thoughts on the situation.



Posted by: Capt. Kirk

Hunter, That sound like a pretty good idea. Scare the crap out of these kids,so they wake up!!!!! I am very glad to hear that the Troopers condition has been upgraded... She will have a long road ahead of her... hopefully with all of the prayers being sent her way it will give her and her family the strength they need to get through this...



Posted by: Wolfman

I hope everybody keeps all this in mind the next time they stop a minor and have him/her dump out the beer instead of gigging them for it.

You stop a knucklehead with a gun, you going to have him dump out the bullets?



Posted by: Irish Wampanoag

Quote:
Originally Posted by masstroopers1
I hope everybody keeps all this in mind the next time they stop a minor and have him/her dump out the beer instead of gigging them for it.

You stop a knucklehead with a gun, you going to have him dump out the bullets?


Mandatory arrest in my book for any alcohol violation pertaining to a minor with a MV. Any ch90 violations committed by a person under 21 will get a ticket if violates said law and that means no warnings. I don't make MV stops to say hello!!!



Posted by: Capt. Kirk

Good news!!!! I read in todays globe (pg B2) that Trooper Engelhardt has been upgraded to fair condition and she is breathing on her own but still in a coma. The news sounds encouraging, hopefully she will continue to improve...



Posted by: Irish Wampanoag

Quote:
Originally Posted by Capt. Kirk
Good news!!!! I read in todays globe (pg B2) that Trooper Engelhardt has been upgraded to fair condition and she is breathing on her own but still in a coma. The news sounds encouraging, hopefully she will continue to improve...

I have to say that is wonderful news to hear, and boy I need it today



Posted by: ecpd402

I just got word that a fund has been set up for Trooper Englehardt and that her condition was moved from serious to fair. This message was put out over the leaps terminal.



Posted by: pickels

Tpr. Englehardt has been upgraded from serious to fair condition.
You can send donations to:

The Trooper Ellen E Englehardt Fund
C/O Compass Bank
P.O. Box 1804
Mattapoisett MA 02739-1804

Donations to the fund would be greatly appreciated by memeber's of Tpr. Englehardt's family



Posted by: richyd0421

FROM BARRACKS POSTINGS:

On August 19 Tpr Englehardt underwent a proceedure to replace material removed during the initial surgery on the day of the accident. One area was treated while another must wait.

Recovery from head trauma is a long process. If you don't see information it is because there isn't much to report. She remains unconscious but is a strong person and fights the fight everyday. Don't let the lack of information allow the idle rumors to fly.

The head injury requires specific medical care not offered by Boston City Hospital. Therefore, arrangements have been made for Tpr Englehardt to be airlifted to a facility in Chicago that specializes in severe head trauma. She will be admitted to this facilty for an initial 14 day program and depending on her progress could remain in Chicago for a lengthy period.

Unfortunately this hospital does not offer housing to family members, forcing them to seek shelter in area hotels at a substantial financial burden.



Posted by: michaelbos

Just a note, if someone could keep tabs or her progress by way of any info from troopers etc, it would be appreciated. There are a lot of us out here, that really would like to kept updated.

Thanks



Posted by: Wolfman

A website has been set up with the permission of the Englehardt family which will have updates as to Tpr. Englehardt's condition as well as a way to make contributions.

You can find the site here:

http://trooper.one85.com

Please stop by the site, and we encourage you to share this with your friends, coworkers, relatives, etc. It would mean a lot to the family if we could get the word out and really bring some donations in. They have a long hard road ahead of them.



Posted by: LeadDog17

Quote:
Hope endures for hurt trooper
By David Abel, Globe Staff, 9/9/2003

FRAMINGHAM -- Speaking publicly for the first time since an allegedly drunk Wayland teenager smashed into a State Police cruiser, Lora Tedeman, the injured trooper's daughter and only child, yesterday said she spends hours by the hospital bed every day, doing her best to keep her comatose mother strong.

One of the state's first female troopers, Ellen Engelhardt, 50, nearly died in the early hours of July 26 after an 18-year-old, who authorities said had been speeding, as well as drinking, slammed into her cruiser, which was parked along Route 25 in Wareham. Last month, doctors removed her from life support and Engelhardt now breathes on her own.

"This has changed everything. It's turned our world upside down," said Tedeman, a 29-year-old paralegal who only recently returned to work after spending nearly all her time by her mother's side. "She's a trooper, in all its meaning."

At a news conference yesterday, Tedeman and her mother's colleagues said they are taking turns keeping vigil and doing everything they can to keep Engelhardt comfortable.

Over the past few weeks, many of the trooper's wounds have healed. Doctors have removed a brace on her jaw and the stitches from several operations.

Because Engelhardt does not need more acute medical care, doctors at Boston Medical Center, where she has been since the crash, will transfer her this week to the Rehabilitation Institute of Chicago, nationally known for treating patients with severe brain injuries.

"This is terrible, in every category," said Sergeant Richard Teves, who brought a plaque yesterday that a neighbor had sent to the hospital, reading "Believe in Miracles."

"We're not giving up hope," Teves said.

He said Engelhardt will spend five weeks in Chicago, and then probably return to Boston.

Meanwhile, William Senne, the teenager charged with drunken driving, reckless driving, and speeding, started classes last week at Roger Williams University in Rhode Island.

Troopers said his Volvo was traveling 90 miles per hour when it hit Engelhardt's cruiser, which was parked in the breakdown lane with its lights flashing.

Senne, who last month appeared in Framingham District Court on unrelated charges of possessing a 30-pack of beer in his car in April, will be arraigned Sept. 19 in Wareham District Court.

"My client and his family's principal concern has been the condition of Trooper Engelhardt," said Paul V. Kelly, a Boston lawyer representing Senne. "They continue to pray for her complete recovery. We are also in the process of trying to understand all the facts and circumstances of this tragic event."

Tedeman and troopers at yesterday's news conference declined to discuss the charges against Senne.

One trooper said Engelhardt was like a sister.

"I brought my kids up to call her auntie," Dana Tobey said.

Lieutenant Maryann Dill, another one of the state's first female troopers, said: "I'm very sad. I'm devastated. She was always smiling, always caring."

For Tedeman, who is also looking after her mother's Akita, Inu, it's as though time stopped this summer. Every day when she visits her mother, she does what she can to try to get a response. She talks about the dog, the Boston Bruins, or gossip from home.

But no matter what she says, Tedeman isn't sure her mother hears her.

For now, she's content to watch Engelhardt's blond hair begin to grow back, after doctors shaved it off for one of her operations.

It's a miracle, she said, that her mother is breathing on her own.

"We can't give up hope," she said. "My mom's a fighter, and we're here for her."

David Abel can be reached at dabel@globe.com.




Posted by: Killjoy

To : W. Senne - you better hide out in RI, kid and hope you don't run into me.
To : Trooper E. Englehart - you have all my hopes and prayers.



Posted by: Wolfman

Due to some logistical concerns expressed by the Englehardt family (which we won't go into here), the PayPal option on the donation site will be removed today - your support is still welcome; however to keep things simple all donations are requested to be made via the Compass Bank at the address listed on the site.

Thanks to all who donated thus far - in two weeks time the online donations brought in over $500 for the family, who truly appreciate the concern and support.

I hope those who are still considering a donation will not hesitate to mail a check to the Compass Bank. See the site for details:

www.one85.com/trooper

Thanks Again.



Posted by: jjccoonn

Trooper Ellen Engelhardt
Benefit Dance
Saturday Nov. 22, 2003
@
Raynham Dog Track
Route 138 Raynham, Ma
7pm - 12pm
Club One

Entertainment provided by
Private Stock Band

Food, Raffle, Prizes, Cash Bar
$25.00 per person
(tickets will be sold at the door on a limited bases)

All proceeds will be given to the Engelhardt family to defray expenses. Raffle prizes needed.
Call Det/Lt Stephen O'Reilly (50 328-7807 with any questions.

Other Contacts

Lt Maryann Dill SP Logan (617) 568 7323
Lt Lenny Grandfield GHQ (50 820-2300
Tpr Kathy Sampson K-9 (781) 727-9138
Sgt Mike Craven D-1 (781) 659-7911
Tpr Joseph Fiorni Truck Team (50 654-8174
Tpr Ken puliafico D-2 (50 398-2323
Anne Renaux DHQ (50 923-4000
Tpr Ken Braley Fire Marshall's (97 273-7352



Posted by: LeadDog17

I just received an update about the douche bag that hit Trooper Engelhardt.

A friend of mine is on the Roger Williams sailing team and met the a$$ hole when he showed up in August. Apparently he was sailing with the team (and attending parties and getting shitfaced), until last week. Word has it is that he is now under house arrest as a result of a pre trial hearing. He is only allowed out to go to class (his mom drives him 3 days a week) and no more sailing.
Good to hear, but still little consolation to the Engelhardt family and way less than the ass reaming he deserves.



Posted by: MCOA41

(AP) -- More than six months after she was injured in a crash allegedly caused by a teen-age driver, friends and relatives of state Trooper Ellen Engelhardt say she is still unable to walk, speak or eat on her own.
Engelhardt's cruiser was parked in the breakdown lane of Route 25 in Wareham last July when police say it was struck from behind by a speeding car. The driver -- 18-year-old William Senne of Wayland -- is facing drunken driving and other charges.

Engelhardt suffered a severe head injury and spent time at a rehabilitation hospital in Chicago. In a statement released by state police today, family and friends say the trooper is now at a facility in Middleboro that specializes in brain injuries.

They say she is sometimes able to follow a simple command or track an object with her eyes.

The first annual ``Ellie's Run'' has been scheduled for May 8 in Marshfield. Proceeds from the five-kilometer run will go to a fund set up for the trooper and to the Massachusetts Brain Injury Association.



Posted by: fscpd907

Slow recovery for trooper who was hit
By Franci Richardson / Boston Herald
Friday, March 19, 2004

Since her cruiser was plowed into last summer, state Trooper Ellen Engelhardt has not been able to speak, eat, or walk, and her friends and relatives cannot tell whether she even recognizes them.

Yet her only child, Lora Tedeman, continues to hold out hope.

"Being able to talk to me or recognize me, it would mean everything," the 30-year-old paralegal said yesterday. "I'm obviously grateful she's still here. I hope that she can get back to as close as she was before. She's such an independent person. It would really be nice to have a little of her back."

Engelhardt, 50, suffered a traumatic brain injury early July 26 when William Senne of Wayland slammed into her parked cruiser at 90 mph on Rte. 25 in Wareham. Engelhardt remains in a Middleboro rehabilitation facility, depending on the staff for all her needs.

To benefit a fund in Engelhardt's name and the Massachusetts Brain Injury Association, the trooper's family has organized a 5K run and walk at Marshfield High School on May 8 at 11 a.m.

Senne, a first-year business major at Roger Williams College in Rhode Island, faces charges of operating under the influence of alcohol and amphetamine. He is due back in court April 8 for a status hearing, but there is no talk of a plea bargain.

"It's too early to talk about that," said Paul V. Kelly, Senne's lawyer. "We haven't seen all of the evidence yet."

Engelhardt has been practicing swallowing so she can eat and doing a little bit of tracking, where she can follow a hand moving from side to side.

Her daughter says she has a long way to go.

"She's not going to be the same, but I'll take her wheeling herself around in a wheelchair," Tedeman said.



Posted by: Mikey682

Theres going to be a benefit run for her in May, heres the link:

http://www.elliesrun.com/



Posted by: kwflatbed

Appeals court reverses ruling on trooper’s insurance claim; Quincy Mutual could be liable for $1M claim

By LANE LAMBERT
The Patriot Ledger
Reversing a lower court ruling, the state Appeals Court has sent the insurance claim for a brain-damaged state trooper back for a full hearing in Plymouth County Superior Court.

Friday’s decision leaves Quincy Mutual Fire Insurance Co. potentially liable for as much as $1 million in claims by former trooper and Marshfield native Ellen Engelhardt, who was permanently disabled when a drunken driver rammed her cruiser on Route 25 in Wareham in July 2003.

Quincy Mutual vice president Kevin Meskell declined comment. ‘‘It’s an ongoing case,’’ he said.

Engelhardt, now 53, was sitting in her cruiser in the highway breakdown lane when it was rammed from behind by a 1991 Volvo driven by 18-year-old William Senne of Wayland.

The car was owned by his father, Peter Senne. Police estimated its speed at 90 mph when it hit Engelhardt’s cruiser.

In January 2005 William Senne pleaded guilty to drunken driving and was sentenced to 2½ years in the Plymouth County jail, to be followed by five years of probation and 500 hours of community service.

Engelhardt now lives in a nursing home. She can’t talk or communicate, must be fed through a stomach tube and has undergone numerous surgeries.

Soon after the accident, Quincy Mutual and its agent, the Fair & Yeager Insurance Agency, rejected Engelhardt’s personal-injury claims. They said the companies didn’t have to cover the claims because Peter Senne had failed to properly list his son as the car’s principal driver.

The Volvo had been a commercial vehicle for a company owned by Peter Senne. He dissolved the firm years before the accident, but had maintained a commercial policy for the Volvo and raised the bodily injury coverage to $1 million.

William Senne was listed as one of the vehicle’s drivers, but not as the most frequent driver, as was the case in 2003.

A Superior Court judge issued a summary-judgment ruling in favor of Quincy Mutual and Fair & Yeager. But yesterday the Appeals Court ruled that ‘‘the insured (Senne) is under no duty to identify changes that are material and notify the insurer of such changes,’’ because the Quincy Mutual policy apparently didn’t require Senne to report such details if not directly asked.

Absent such a duty, the decision added, ‘‘the insured's silence, even if it increases a risk of loss to the insurer, is not a ‘‘misrepresentation.’’

http://ledger.southofboston.com/arti...ews/news11.txt



Posted by: dcs2244

Pay-up, insurance weasels! You happily accepted Senne's premiums...now you must pay.

Maybe we need a poll:

Who's worse?

A) lawyers

B) insurance companies

C) uncaring rich turds in Volvo's



Posted by: Sniper

d) the fact that FCUKSTICK is only serving 2 and a half years.......... He better be having his colon stretched every day..............



Posted by: Delta784

Quincy Mutual has my homeowner's insurance....they best pay-up, or I'll be looking for another carrier, and I'll be more than pleased to tell them why I dumped them.



Posted by: PBC FL Cop

Quote:
Originally Posted by dcs2244
Pay-up, insurance weasels! You happily accepted Senne's premiums...now you must pay.

Maybe we need a poll:

Who's worse?

A) lawyers

B) insurance companies

C) uncaring rich turds in Volvo's
B) Insurance companies by far



Posted by: OutOfManyOne

All of the above.



Posted by: 94c

Contrary to popular belief, there are no such things as "bad lawyer jokes".

It's all true.



Posted by: Killjoy

Quote:
All of the above.
+1



Posted by: no$.10

I don't understand...if the insurance company pays, does that absolve the father's company from liability? I just would like to see the family pay out of their pockets (the only thing they would understand)



Posted by: Gil

http://www.masslawyersweekly.com/sig...oa/1111707.htm

QUINCY MUTUAL FIRE INSURANCE CO.

v.

QUISSET


GRASSO, J. On July 26, 2003, State Police Trooper Ellen Englehardt received catastrophic injuries when a 1991 Volvo driven by William Senne, the eighteen year old son of Peter Senne, struck her cruiser. The Volvo was owned by and registered to Quisset Properties, Inc. (Quisset), a corporation established by Peter for use in one of his many businesses. Although Quisset had been dissolved involuntarily in 1999, at the time of the accident, the Volvo was still insured under a commercial automobile insurance policy issued to Quisset in 1993 by Quincy Mutual Fire Insurance Co. (Quincy) and renewed annually thereafter through its agent, Fair & Yeager Insurance Agency, Inc. (Fair & Yeager). The policy listed William as a driver of the vehicle. In this appeal, we address whether optional bodily liability coverage is available under the policy.[3]

1. Background. In the aftermath of the accident, Quincy sought a declaration that it had no duty to defend or indemnify Quisset, Peter, or William with respect to Englehardt's claim for personal injuries under the optional bodily injury provisions of the policy.[4] Quincy maintained that Peter's failure to notify it of Quincy's dissolution amounted to a misrepresentation of a matter that increased the risk of loss to the insurer within the meaning of G. L. c. 175, § 186.[5]

On summary judgment, a judge of the Superior Court agreed and concluded that Quincy was not liable to defend or indemnify Quisset or the Sennes.[6] The judge also granted summary judgment to Fair & Yeager on the cross claims of Quisset and Peter alleging negligence.[7] He reasoned that Peter's failure to inform Fair & Yeager of Quisset's dissolution rendered irrelevant any factual disputes regarding Fair & Yeager's handling of Peter's request to add William to the policy.

For the reasons that follow, we reverse and remand to the Superior Court. We conclude that unless a provision in the insurance policy or a renewal application requires the insured to notify the insurer of particular changes, the insured is under no duty to identify changes that are material and notify the insurer of such changes. Absent such a duty, the insured's silence, even if it increases a risk of loss to the insurer, is not a "misrepresentation" within the meaning of G. L. c. 175, § 186. On the record before us, there remains a disputed factual issue whether communications from Fair & Yeager at renewal amounted to a request for information that renders Peter's failure to notify of Quisset's dissolution a misrepresentation of a matter that increased the risk of loss to the insurer.

2. The factual predicate. We view the facts and reasonable inferences in the light most favorable to Quisset and the Sennes, the parties against whom summary judgment was granted. See

Mass.R.Civ.P. 56(c), as amended, 436 Mass. 1404 (2002); Coveney v. President & Trustees of the College of the Holy Cross, 388 Mass. 16, 17 (1983); Northrup v. Brigham, 63 Mass. App. Ct. 362, 366-367 (2005). "As to materiality, the substantive law identifies which facts are material." Carey v. New England Organ Bank, 446 Mass. 270, 278 (2006), quoting from Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).

Peter founded Quisset, a New York corporation, in 1980. At all times, he was its President and sole corporate officer. On November 15, 1993, Peter applied to Quincy for a commercial automobile insurance policy to cover a 1991 Volvo sedan registered to Quisset. At that time, Quisset was an active corporation engaged in property management, and was one of Peter's businesses. Peter used the Volvo for business purposes, and he and his wife used it occasionally for nonbusiness purposes.

The application was submitted to Quincy by Fair & Yeager and was accurate in all material respects. Quincy issued a commercial automobile insurance policy with combined single limits optional bodily injury coverage of $500,000 for the policy period from November 29, 1993, to November 29, 1994. The policy listed as named insured "Quisset Properties, Inc. c/o Peter Senne Box 1542 Bassetts Island Pocasset MA."[8] The policy listed Peter and his wife as operators of the vehicle.

For the next nine years, Quincy renewed the policy annually, and the required annual premium was paid. Upon renewal, neither Quincy nor Fair & Yeager sent Quisset or Peter a renewal application or questionnaire to be completed by the insured that requested notification of changes or other information regarding Quisset or its operations.[9] At or about the time of each policy renewal, Peter did receive from Fair & Yeager a new policy declarations page together with a cover letter. Typically, the letter (1) thanked Peter for his business; (2) detailed the annual premium payable to Quincy; (3) noted that "[T]he policy contains specific insuring agreements, limits of liability, exclusions, limitations and warranties. Please read your policy carefully noting any special limitations and deductibles applicable to losses."; and (4) stated that "In the event of a loss or if there is any change in conditions existing at the time this policy was written, please notify our office."

Some time in 1996 Peter stopped conducting the property management business through Quisset and began to do so personally.[10] He also ceased making required corporate filings for Quisset with New York authorities. In 1997 or 1998, Peter received a notice that Quisset would be dissolved, and on December 29, 1999, Quisset was dissolved by the Secretary of State of New York. Notwithstanding Quisset's dissolution, title and registration to the Volvo remained in the name of Quisset, and Peter continued to use the Volvo for his same business purposes. Quisset continued to have an open bank account. Out of "inertia," Peter did not notify either Quincy or Fair & Yeager that Quisset had been dissolved, either immediately or at any of the subsequent renewals of the policy for the Volvo.[11]

In 2000, on request from Peter, Quincy increased the optional bodily injury coverage under the policy to $1,000,000. Late in 2001, after William turned seventeen years old and obtained a driver's license, Peter asked Millie Koulopoulos, an employee of Fair & Yeager, whether William should be listed on the policy as an operator of the Volvo.[12] Peter had done business with Fair & Yeager since 1979 and relied on it to recommend and procure coverage for his personal and business insurance needs. He made clear to Koulopoulos that he had another car for his use and that William's use of the Volvo would be more than occasional. Koulopoulos told Peter that listing William as an operator was not necessary because a commercial policy covered the Volvo.

In May of 2002, Fair & Yeager advised Peter that William should be listed as an operator if he was using the car "more than occasionally." Peter informed Koulopoulos that William used the car more than occasionally and should be added to the policy, but for reasons that remain unclear, William was not added immediately as a listed operator.

On December 7, 2002, William was involved in a minor accident while driving the Volvo. On December 12, 2002, Fair and Yeager requested that Quincy add William as a listed operator under the policy. Fair & Yeager made a second request on January 3, 2003. In response, Quincy inquired of Fair & Yeager as to William's driving duties for Quisset, his approximate percentage of use of the vehicle, and whether he was also listed on Peter's personal automobile policy. See note 9, supra. Quincy repeated this request to Fair & Yeager on January 17, February 20, March 31, and June 11, 2003.[13]

After the last communication, Koulopoulos notified Quincy, "I have responded to this twice before. He runs errands and uses vehicles about 25% of the time."[14] Before providing this information, Koulopoulos never communicated Quincy's request to Peter or inquired of him regarding William's driving duties or percentage use of the vehicle on behalf of Quisset.[15] Had Peter been asked by Fair & Yeager or Quincy about Quisset or about William's use of the Volvo, he would have told them that Quisset was inactive, that William did not use the car on Quisset's business, and that William used the car seventy percent or more of the time. Peter believed that the corporate automobile rate was higher than that for personal policies.

4. Discussion. The narrow question before us is whether Peter's failure to notify Quincy of Quisset's dissolution represents a material misrepresentation that increased the risk of loss to the insurer within the meaning of G. L. c. 175, § 186. The motion judge's conclusion that it did springs from the threshold premise that Peter had the duty to inform Quincy of Quisset's dissolution and that his silence amounted to a "misrepresentation."[16] We disagree with the judge's threshold allocation of duty and corresponding conclusion that Peter's silence amounts to a "misrepresentation."

Peter does not dispute that he was required to provide accurate information in the original application for insurance and inform Quincy of any material changes that occurred between the time of the application and the inception of the policy. See Chicago Ins. Co. v. Lappin, 58 Mass. App. Ct. 769, 780 (2003) (applicant has duty to inform insurer of changes prior to inception of policy that render initial representations untrue). He also does not dispute that Quincy could have insisted on updated information at each yearly renewal of the policy, and that upon inquiry as to changes, he would have been obliged to answer honestly and accurately. However, he contends that where the policy did not impose such an obligation, and where neither Quincy nor Fair & Yeager requested such information nor conditioned renewal upon completion of an application or questionnaire, he was under no obligation to identify the matters that the insurer might deem material and notify it of such changes. Contrast Hanover Ins. Co. v. Leeds, 42 Mass. App. Ct. 54, 60 (1995) (insured's failure to disclose in renewal application that location of insured vehicle had changed concerned the calculation of risk at the time the renewal application was submitted).[17]

Whether Peter's silence amounts to a misrepresentation turns on whether the obligation is one of inquiry by the insurer or sua sponte disclosure by the insured when neither a policy provision nor a renewal application or questionnaire requires such information of an insured. Does an insurer have a duty to identify and ask its insured for information that it deems material (relevant to the risks being underwritten during the period of insurance or renewal)? Or does the insured have a duty to identify what is material and notify the insurer of such changes from prior policy periods?

We conclude that, when neither a policy provision nor a renewal application requires the insured to provide updated information to the insurer, the insured's failure to do so is not a misrepresentation within the meaning of G. L. c. 175, § 186. In such circumstances, the onus is on the insurer to identify the information that it considers material and request from the insured updated information concerning any changes. Absent such obligation or request, the insured's silence is not a misrepresentation within the meaning of the statute. See Liquor Liab. Joint Underwriting Assn. of Mass. v. AIM Ins. Agency, 55 Mass. App. Ct. 715, 722-723 (2002) (insurer had opportunity and responsibility to inquire of agent or insured respecting information in insurance binder). See also Zurich Gen. Acc. & Liab. Ins. Co., Ltd. v. Flickinger, 33 F.2d 853, 856 (4th Cir. 1929) ("[i]t is well settled that statements in an application for a policy which is renewed relate to the time when the original policy was issued; and, if they were true at that time, it is no defense that they may not have been true later at the time of renewal").

We acknowledge that G. L. c. 175, § 186, itself does not speak directly to whether the burden is one of inquiry by the insurer or disclosure by the insured. However, nothing in that statute argues in favor of imposing an obligation of unsolicited disclosure on the insured, the failure of which is to be deemed a misrepresentation that could defeat coverage under the policy. In creating an affirmative defense for an insurer, the statute manifests a legislative purpose to protect insureds from forfeiture of coverage except in narrow circumstances. As pertinent here, to defeat coverage, the statute requires the insurer to prove that in the "negotiation" of the policy the insured made a "misrepresentation" of a matter that increased the risk of loss. See G. L. c. 175, § 186.[18] Those communications that are not "misrepresentations" are not within the ambit of the statute. Nor are those "misrepresentations" that occur other than "in the negotiation" of the insurance policy.

In these statutory predicates, we discern no legislative intent to impose a duty on an insured to speak about matters concerning which he has not been asked by the insurer. The insurer sets the parameters of the negotiation, deciding those risks that it wishes to insure and those that it does not. Unless the insurer advises the insured of matters that are important to it in the "negotiation" of the policy, and that increase the risk of loss, how is an insured to know what is important or increases the risk of loss? We doubt that the legislature intended to make insureds de facto underwriters who risk forfeiture of coverage for failing to identify and volunteer changed circumstances that might increase the risk of loss to the insurer. The insured's silence is not a "misrepresentation" because the insurer is in the best position to ask for information that bears on its decision to insure. Likewise, at each renewal it may identify and call to the insured's attention those items that are material and for which changes should be called to its attention by way of written response.

While we are aware of no Massachusetts case on point, there is case authority elsewhere that imposes the duty to inquire on the insurer.[19] In Patrons Mut. Ins. Co. v. Rideout, 411 A.2d 673, 678-679 (Me. 1980), under analogous circumstances, the Supreme Judicial Court of Maine held that an insured had no duty to notify the insurer that her daughter had become a household member, and the failure to do so did not allow the insurer to avoid its obligations under the policy. There, as here, the policy itself did not require the insured to provide notice of changes to the insurer. Ibid. Similarly, subsequent to issuance the policy had been renewed twice without supplemental application or inquiry to the insured regarding changes. Ibid. In such circumstances, the court concluded that the insured had no duty to notify the insurer of the change and that the failure to do so did not constitute an "omission" of factual information material to the insurer's acceptance of the risk. Ibid.[20] "Absent a special agreement, the insured who makes particular representations in the application for insurance is not obligated to inform the insurer of changes in circumstances occurring after issuance of the policy which are inconsistent with the representations in the application." Id. at 678, citing Preferred Risk Mut. Ins. Co. v. Hites, 125 Ill. App. 2d 144 (1970); Preferred Risk Mut. Ins. Co. v. Anderson, 277 Minn. 342 (1967); 7 Couch, Insurance 2d § 35.98 (Supp. 1979). We agree with the decision in Rideout that "[W]here [the insurer] makes no attempt to update its information prior to renewal and . . . relies on its agents to forward such information of changed circumstances, it would be inconsistent with our conclusion that the insured has no duty to report changed circumstances to hold that such a duty existed with regard to pro forma renewals of an already issued, valid policy." Id. at 678-679.

Recognized insurance treatises likewise speak to the appropriateness of placing the obligation of inquiry on the insurer. "[u]nless the insured is required to complete a new application, he or she has no duty of disclosure in connection with any policy renewals." Windt, Insurance Claims and Disputes §2.28 (4th ed. 2001). See 6 Couch, Insurance § 82.3 (3d ed. 1996). ("Absent an express agreement to the contrary, the duty to disclose changes in conditions ceases once the application is approved and a policy issued, and the insured is not required to disclose any information thereafter acquired").

The relative knowledge and experience of the parties also counsels such an allocation of duty, as does the relative difficulty or ease with which the burden may be satisfied. Insureds are not in a position to recognize risk-enhancing circumstances as readily as the insurer, who can more easily identify and evaluate circumstances that are material to the decision to underwrite and insure the risk. Information not asked for is presumably deemed immaterial. See Stipcich v. Metropolitan Life Ins. Co., 277 U.S. 311, 316 (192. Moreover, imposing the burden of inquiry on the insurer poses no undue burden and reduces, if not eliminates, the difficult determination of what is, or is not, material to the risk of loss from the perspective of an insurer. See National Union Fire Ins. Co. of Pittsburgh v. Continental Ill. Corp., 643 F. Supp 1434, 1442 (N.D. Ill. 1986) (insured not required to update representations in application). See also Preferred Risk Mut. Ins. Co. v. Hites, 125 Ill. App. 2d at 152 (absent inquiry by insurer, no obligation on insured to volunteer facts that might affect insurer's decision to carry the risk).

Because we conclude that the insured's silence is not a misrepresentation within the meaning of the statute absent an obligation in the policy or a request from the insurer at renewal, we reverse the judgment in favor of Quincy. We remand to the Superior Court for determination of whether Fair and Yeager's annual policy renewal cover letters constitute a request that renders Peter's failure to advise of Quisset's dissolution a misrepresentation within the meaning of the statute. Likewise, there remain disputed factual issues appropriate for resolution regarding whether (1) Quincy is estopped from disclaiming liability under the policy due to the acts of its agent, Fair and Yeager, see Kouravacilis v. American Fedn. of State, County and Mun. Employees, 65 Mass. App. Ct. 521, 534 (2006) (agent's misrepresentation of matter in scope of employment binds his principal); and (2) Fair & Yeager is liable to Peter in negligence for failing to obtain appropriate insurance coverage. See Rae v. Air-Speed, Inc., 386 Mass. 187, 192 (1982). ("Massachusetts law, in accordance with the general rule, clearly permits a potential insured . . . to recover in tort for the failure of an insurance agent to perform his duty to obtain an insurance policy"); Bicknell, Inc. v. Havlin, 9 Mass. App. Ct. 497, 500 (1980); Martinonis v. Utica Natl. Ins. Group, 65 Mass. App. Ct. 418, 421-422 (2006) (issue of fact whether insurance broker was negligent and caused insured to have insufficient liability limits under policy).



Judgment reversed.


--------------------------------------

FOOTNOTES:

[1] Peter Senne, William Senne, Racing Point Ventures, Inc., and Fair & Yeager Insurance Agency, Inc.

[2] By her guardian, Laura Eve Tedman.

[3] Quincy paid Englehardt to the limit of compulsory bodily injury coverage and does not challenge that payment.

[4] Quincy also sought a declaration that it is not obligated to pay any property damage claim by the Commonwealth of Massachusetts beyond the statutory limit of $5,000, or any collision coverage claim of Quisset.

[5] General Laws, c. 175, § 186, provides: "No oral or written misrepresentation or warranty made in the negotiation of a policy of insurance by the insured or in his behalf shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepresentation or warranty is made with actual intent to deceive, or unless the matter misrepresented or made a warranty increased the risk of loss."

[6] Quincy presented uncontroverted evidence that lack of corporate status increased its risk of loss because (1) the insured would not have been eligible for a commercial automobile policy; (2) commercial rates are lower than for a personal automobile policy; and (3) Quincy's underwriting guidelines limited optional bodily injury coverage for a personal automobile policy to $250,000 per person, as opposed to $1,000,000 available under a commercial policy.

[7] In defense to the action, Peter asserted that failure to notify Quincy of Quisset's dissolution was not a misrepresentation that increased Quincy's risk of loss within the statute and that the actions of Fair & Yeager bound Quincy. He also asserted a cross claim against Fair & Yeager in negligence for failing to obtain the coverage requested by Peter or to notify him of its unavailability.

[8] The parties agree that as originally issued, and as renewed yearly thereafter, the policy contained no provision requiring Quisset to notify Quincy or Fair & Yeager of any changes, material or otherwise. Nor did the policy (as issued or renewed) contain any representation or warranty that the insured agreed to notify the insurer of any changes, material or otherwise.

The policy in effect at the time of the accident tracked the statute, stating:

"Except with respect to coverages you are required to purchase in order to register your auto in Massachusetts, we may refuse to pay claims if any oral or written misrepresentation or warranty made in the negotiation of this policy by you, or on your behalf, was made with an actual intent to deceive or if the matter misrepresented or warranted increased the risk of loss."

[9] In January, 2003, Quincy did send to Fair & Yeager, but not to Quisset, a document labelled "Important" and entitled "Massachusetts Commercial Auto Renewal Notice." The notice contained a "Commercial Automobile renewal questionnaire" for the insured that purported to enable the insurer to "properly underwrite and rate" the renewal. Among the questions posed were the "the insured's employer identification number/Federal identification number"; its garaging location; and a description of the insured's operation. Handwritten on the notice is a request for information as to "how vehicle is utilized in insured's operation"; and for William Senne's current driver's license number and his percentage of use.

[10] Peter owned other corporations.

[11] In December of 1998, during a conversation with Arthur Fair, Peter told Fair that Quisset still owned real property. In fact, Quisset had sold the property to another entity owned by Peter some time that year.

[12] Koulopoulos was a customer service representative with twenty years experience.

[13] On or before January 17, 2003, Quincy added William to the policy. Thus, at the time of the Englehardt accident William was a named operator of the Volvo.

[14] At her deposition, Koulopoulos denied receiving any of the first three inquiries from Quincy.

[15] She also did not respond to whether William was listed on Peter's personal auto policy.

[16] Under this view, Peter's "misrepresentation" renders the policy void regardless of who was operating the Volvo at the time of the Englehardt accident.

[17] To the extent that Quincy had a renewal application form that inquired as to Quisset's status, Quincy communicated its inquiry only to its agent, Fair and Yeager, and not to the insured. See note 9, supra.

[18] At summary judgment, Quincy did not seek to defeat liability on the ground that Peter made a misrepresentation "with actual intent to deceive." It argued only that the "matter misrepresented" by Peter increased the risk of loss.

[19] We find unpersuasive Quincy's suggestion that Barnstable County Ins. Co. v. Gale, 425 Mass. 126, 127 (1997), or Hanover Ins. Co. v. Leeds, 42 Mass. App. Ct. 54, 55 (1997) command a different result. Each of those cases involves an insured's failure to disclose information in a renewal application.

[20] The Maine statute at issue in Rideout absolved the insurer of liability where the insured made "[m]isrepresentations, omissions, concealment of facts and incorrect statements" that were "material" to the "acceptance of the risk or to the hazard assumed by the insurer." Id. at 674 n.1, quoting from Me. Rev. St. Ann. tit. 24, § 2411 (West 1980).



Posted by: justanotherparatrooper

OMG...the court got one right!



Posted by: 94c

I think all this mumbo jumbo means is that the insurance company tried to back out of the policy and was refused.

There's still a long way to go. Personally I'd rather see the insurance company pay up instead of having to chase the other family around for the money. Bankruptcy and creditors would keep any money the family has tied up for a long time.



Posted by: USMCTrooper

The insurance company paying will have some affect on the kid's father. Insurance will be much costlier and harder to get next time around; his adding of his kid to a company policy may not fly the next time; and this does nothing to absolve he family from any civil liability suit filed by Ellen's family.



Posted by: dcs2244

Quote:
Originally Posted by USMCTrooper
The insurance company paying will have some affect on the kid's father. Insurance will be much costlier and harder to get next time around; his adding of his kid to a company policy may not fly the next time; and this does nothing to absolve he family from any civil liability suit filed by Ellen's family.
INTERMISSION...................................... ..........................................

Twizzlers. Do It Now. Do It. You.

Seriously, the hauptman was bullsh#t: "where are the Twizzlers?"...and then he referred to you as a slacker and opined: "...at least we have Life Savers..."

We now return you to your regularly scheduled thread...

INTERMISSION OVER.............................................. ...........................



Posted by: USMCTrooper

Tell Herr Hauptmen he could use a break from the Twizzlers.......laying off the Lifesavers might do him some good too.





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