Chapter 93A/Massachusetts Insurance Bad Faith Law

It’s déjà vu all over again, as the famous quote goes.

The great thing about being a lawyer long enough is that eventually, everything that is old becomes new again. Early in my career, I was coverage counsel for an insurer who issued policies to various ancillary defendants in the tobacco litigation brought by states

We are now on the sixth most popular post in my annual top ten countdown of blog and LinkedIn posts from the year just gone by. You can find the rules of the contest here.

The post that finished sixth asks the seemingly eternal question of “What Do You Do on Appeal With a

This post continues the countdown of my top ten posts of 2025. I was aiming to finish the countdown by the first of the year, but the road to heck is paved with good intentions and all that. I will now settle for finishing the countdown before the last week of the month if I

I have been thinking more and more about the tactical questions raised by the recent $90 million bad faith judgment under Massachusetts Chapter 93A against Liberty Mutual, which I discussed here. By sheer good timing, it was issued just as I was leaving to attend a major insurance coverage conference and also just before

So much to choose from to write about this week, but I am, by my own rules for this series of posts, limited to five topics. I noted last week that there was a risk I would beat holiday jokes into the ground this month, and here I go again, starting with an article about

For this week’s Five Favorites for Friday, I have a full stocking of gifts (too early for Xmas allusions? Maybe, but I was in New York for work and saw the Rockefeller Center Tree, which inspired that lede). Let’s get right into opening them up (and yes, I will probably beat that gag to death

About 24 years ago I won a trial on behalf of Liberty Mutual in an insurance bad faith action in which plaintiff’s counsel sought to multiply an underlying multimillion dollar judgment against the insured based on an alleged bad faith failure by the insurer to settle the tort claim. At the time, it represented –