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Appellate Court Rules Insurance Companies Can Be Sued Under 176D and 93A


An insurance company who was sued for its handling of a personal injury protection benefits claim under both Ch. 176D and 93A s. 11 argued that while violations of Ch. 176D are per se violations of Ch. 93A, s. 2, which protects individual consumers against unfair and deceptive trade practices (including in the insurance industry), they do not constitute per se violations of section 11, which protects businesses from the same acts.

However, the Appellate Court ruled in favor of the medical office that sued the insurance company, finding that the definition of "unfair and deceptive acts or practices" applies to both consumer claims and business claims. They stated that the ability to recover for an insurance company's practice of delaying settlement when liability was clear should be equally available to consumers and businesses alike.

Insurance issues are never straightforward, and insurance companies do delay settlements as much as they can. If you've been in an accident, the best thing you can do is hire an attorney to help you deal with the insurance company and speed up settlement. If you've been injured in an accident, contact our firm today for a free consultation.