Massachusetts Unfair Insurance Claim Attorney
BHPK attorneys represent insurers in bad faith and unfair claim practice litigation. Our representation runs the gamut from responding to statutorily required demand letters to representing insurers in state and federal courts. Typically, claims involve allegations of a violation of the Massachusetts Consumer Protection Act (M.G.L. c. 93A) and/or failure to settle in good faith (M.G.L. c. 176D). The liability of an insurer with respect to its refusal or failure to settle a claim against its insured has traditionally been decided on the standard of whether the insurer exercised good faith judgment on the subject. Claims made pursuant to these statutes must be presented in writing with specific allegations and must be answered within thirty days. Statutory damages include attorneys’ fees, and perhaps punitive damages computed by doubling or trebling underlying judgments.
Any insurer doing business in the Commonwealth must reveal the amount of the limits of said insured’s liability coverage to an injured party making a claim against an insured upon receiving a request in writing for such information from the injured party or his attorney. The statute, M.G.L., c.175§ 112C, mandates that a reply be made within thirty days of receiving such request. Any insurer who fails to comply with the provisions of this section shall be liable to pay to the claimant the sum of $500 plus reasonable attorneys’ fees and expenses incurred in obtaining the coverage information provided for herein.
To schedule a confidential consultation with a lawyer at Brody, Hardoon, Perkins & Kesten, LLP, please call our Boston law office at (617) 880-7100 or complete our online contact form.