Bad Faith Causes of Action

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I attended a large legal conference (DRI’s Insurance Coverage and Practice Symposium) in person last week for the first time since the pandemic, and not only learned a lot, but had a great time (shout out in particular to the kitchen staff at Capital Grill and props to the bartender at the Whitby…

There is an interesting new decision by the Massachusetts Appeals Court concerning the liability of insurers under Massachusetts law for wrongful failure to settle a claim. Under the Massachusetts rubric, an insurer has an obligation to make at least reasonable efforts to settle a claim against its insured once the insured’s liability has become reasonably…

Twenty years or so ago, I represented an insurer in a $20 million insurance bad faith and Chapter 93A claim in which one of the key issues was whether the insurer was right to rely on the advice of a terrific lawyer, Tom Burns (the Burns in the Boston firm Burns and Levinson), who had…

Here’s an interesting question – what is the territorial reach of claims against insurers alleging violations of Massachusetts’ insurance claims handling statute, Chapter 176D, and seeking recovery for such violations under Massachusetts’ consumer protection statute, Chapter 93A? Massachusetts’ well-regarded Business Litigation department gave the statutes a broad territorial reach, finding that they apply to an…

My in-box, like most of you I assume, is inundated on a day in, day out basis with offers of webinars, seminars, and the like on every topic under the sun that the sponsors think I might even conceivably have any interest in or professional connection to. Most I ignore without even opening, as not…

Here’s a neat little story out of the Massachusetts Lawyers Weekly today on a Massachusetts Appeals Court decision holding that the surety on a construction contract does not cover, under the construction bond it issued, punitive damages awarded for the bad faith conduct of a principal of the construction company covered under the bond. Although…

Want to learn more about insurance bad faith litigation? Well, you could retain me, but if you want something more off the rack, here is a nice looking seminar, with a well credentialed faculty, on the subject. Of course, for local readers, it is important to note that the seminar looks to provide a general…

I have written before about the American Rule – which requires parties to a lawsuit, in the absence of a fee shifting statute or contractual agreement, to pay their own legal fees – and the exception under Massachusetts law that runs in favor of insureds who prevail in coverage cases against their insurers. The Supreme…