Bad Faith & Chapter 93a/176d Litigation in Westwood / Boston, Massachusetts
When a dispute over an insurance policy occurs, the policyholder may accuse his or her provider of acting in bad faith by delaying in or failing to make an investigation or payment in accordance with the policy. In Massachusetts, insurance bad faith litigation typically falls under M.G.L. Chapter 93A and M.G.L. Chapter 176D. When facing the prospect of such litigation, insurers can look to representation from an accomplished Boston attorney from our highly AV-rated firm of Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C. to ease their concerns.
Under Chapter 93A, private parties and the Commonwealth itself can pursue an action against businesses that engage in unfair methods of competition or deceptive practices with respect to the conduct of commerce or trade. Courts consider unfair and deceptive practices as acts that could have reasonably caused the plaintiff to act differently than he or she would have otherwise acted. Liability under Chapter 93A includes:
• Injunctive relief
• Suspension or loss of the ability to conduct business in the state of Massachusetts
• Monetary damages
• Attorney costs
You as an insurer can also face accusations of unfair competition and deceptive practices under Chapter 176D. Allegations of such misconduct can include:
• Unfair discrimination
• Monopolistic practices
• Untimely payments
• Denial of a claim without making a reasonable investigation
• Failure to maintain complaint procedures and complete records of complaints
Such matters are addressed via administrative adjudication before the Massachusetts Division of Insurance. Liability under Chapter 176D mirrors that of Chapter 93A listed above. Judicial review of such outcomes is somewhat limited.
The stakes for insurers in insurance bad faith litigation are high. So, when facing such claims it is vital to have legal counsel with an extensive understanding of consumer protection, insurance law, and corporate and business litigation. Each Boston attorney at Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C. has proven to be effective and successful in assisting insurers like you in facing formal adjudication. With 20 years of experience working with a diverse clientele, our team is more than capable of aiding you in arriving at a prompt resolution.
Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C.
690 Canton Street, Suite 306
Westwood, Massachusetts (MA) 02090
Phone: (781) 320-5400
Fax: (781) 320-5444