LINDA HOPKINS vs. LIBERTY MUTUAL INSURANCE COMPANY., 434 Mass. 556

Summary

The driver was seriously injured in a five-vehicle accident. The insured's truck was insured by the insurer under a commercial automobile liability policy. The driver sent the insurer a settlement demand letter. In a response, the insurer made no offer of settlement, but indicated that, in its opinion, liability was not clear. The driver brought an action alleging the insurer violated both Mass. Gen. Laws ch. 176D, § 3(9), and Mass. Gen. Laws ch. 93A, §§ 2, 9, and sought damages and attorney's fees and costs under Mass. Gen. Laws ch. 93A. On appeal of the judgment of the trial court, the supreme court rejected the insurer's claims that Mass. Gen. Laws ch. 176D, § 3(9)(f) did not permit a recovery for a single act or claim that constituted an actionable violation, and could not be the basis for an award of multiple damages and attorney's fees and costs under Mass. Gen. Laws ch. 93A, § 9. The supreme court also concluded the trial court was warranted in finding the insurer's ...