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May 8, 2023
Where a plaintiff policyholder filed a G.L.c. 176D complaint over the defendant insurance company’s alleged failure to timely pay a claim for medical services provided to the plaintiff following a trip to a hospital emergency room, the defendant’s motion to dismiss should have been denied because whether the insurer was inattentive or unreasonable in its
April 3, 2023
Where a plaintiff general contractor alleged that the defendant insurance company failed to pay or reimburse any of the general contractor’s defense costs in a negligence action brought by an injured employee of a subcontractor, a judgment dismissing the complaint must be vacated in part because (1) the plaintiff adequately pleaded a breach of contract
March 20, 2023
Where a plaintiff filed a complaint alleging that the defendant insurance company improperly failed to pay damages for the “inherent diminution in value” of his automobile after an accident caused by one of its insureds, the plaintiff’s motion for leave to amend the complaint to add new claims under Chapters 93A and 176D should be
January 29, 2023
Where a plaintiff policyholder has brought suit alleging that the defendant insurance company failed to adequately respond to a claim the policyholder made for coverage for repair costs regarding one of its trucks, the insurance company is entitled to summary judgment because the policyholder has failed to marshal sufficient evidence that would permit a rational
January 11, 2023
Where a plaintiff has alleged that the defendant insurance companies violated G.L.c. 176D, the complaint should not be dismissed, as the exercise of personal jurisdiction over the defendants based on the Chapter 176D claim meets the dictates of due process and the Massachusetts long-arm statute, but the action should be transferred to the Northern District