10 Massachusetts opinions name it 4 courts 1983–2023 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Continental Insurance v. Bahnangreen1 sentence2015Co. v. Bahnan, 216 F.3d 150, 157 (1st Cir. 2000). | 1 | 1 |
Kippenhan v. Chaulk Services, Inc.green2 sentences2008See Kippenhan v. Chaulk Servs., Inc., 428 Mass. 124, 127 (1998) (negligent destruction of evidence is sufficient to constitute spoliation). 2008See Kippenhan v. Chaulk Servs., Inc., 428 Mass. 124, 127 (1998) (negligent destruction of evidence is sufficient to constitute spoliation). | 1 | 1 |
Keene v. Brigham & Women's Hospital, Inc.green2 sentences2008Unfair methods of competition in insurance and unfair or deceptive acts or practices provides in pertinent part as follows: (9) Unfair claim settlement practices: An unfair claim settlement practice shall consist of any of the following acts or omissions: (d) Refusing to pay claims without conducting a reasonable investigation based upon all available information; (e) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed; (f) Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become re 2008Unfair methods of competition in insurance and unfair or deceptive acts or practices provides in pertinent part as follows: (9) Unfair claim settlement practices: An unfair claim settlement practice shall consist of any of the following acts or omissions: (d) Refusing to pay claims without conducting a reasonable investigation based upon all available information; (e) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed; (f) Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become re | 1 | 1 |
Linthicum v. Archambaultgreen1 sentence1983See Linthicum v. Archambault, 379 Mass. 381, 388 (1979); MacGillivary v. W. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rass Corporation v. The Travelers Companies, Inc.
green
1 sentence2023L. c. 176D, § 3 (9) (g), defines an unfair claim settlement practice to include "[c]ompelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds." Where, as here, the injured party is engaged in the conduct of trade or commerce, "a violation of c. 176D, § 3 (9), provides evidence of an unfair or deceptive practice in violation of c. 93A, but is not conclusive." Rass Corp., 90 Mass. App. Ct. at 656 . | 1 | 2023–2023 |
Demeo v. State Farm Mutual Automobile Insurance
green
1 sentence2015Co., 38 Mass.App.Ct. 955 (1995) (where insured driver’s liability was not reasonably clear, insurer’s refusal to settle was not an unfair claim settlement practice proscribed by G.L.c. 176D and accordingly, there was no liability under G.L.c. 93A); O'Leary-Alison v. Metropolitan Prop. & Cas. | 1 | 2015–2015 |
Wyler v. Bonnell Motors, Inc.
green
1 sentence2008Adams overstates the significance of Wyler v. Bonnell Motors, Inc., 35 Mass.App.Ct. 563 (1993). | 1 | 2008–2008 |
Correia v. DeSimone
green
1 sentence2005While in Correia the offer was actually made during court proceedings, the Appeals Court did note that “[i]t defies logic and fundamental principles of fairness to allow a represented party who has sought justice from a forum to contradict and undermine an agreement it reached and acknowledged in that same forum[.]” Correia v. DeSimone, supra at 604 . | 1 | 2005–2005 |
DiVenuti v. Reardon
green
1 sentence1999DiVenuti v. Reardon, 37 Mass. App. Ct. 73 (1994). | 1 | 1999–1999 |
Dodd v. Commercial Union Insurance
green
1 sentence1993Co., 373 Mass. 72 (1977). | 1 | 1993–1993 |
Noyes v. Quincy Mutual Fire Insurance
green
1 sentence1983M.G.L.c. 93A, §§ 2 and 9 (1); Noyes v. Quincy Mutual Fire Insurance Co. 389 N.E. 2d 1046 (App. Ct. 1979). | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.