Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 58A (2026)

Notice of default to company issuing motor vehicle liability policy or bond; assessment of damages deferred

✓ current as of July 2026

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Section 58A. Damages shall not be assessed, except by special order of the court, in an action in which payment of the judgment is secured by a motor vehicle liability policy or a motor vehicle liability bond, both as defined in section thirty-four A of chapter ninety, and wherein the defendant has been defaulted for failure to enter an appearance, until the expiration of four days after the plaintiff has given notice of such default to the company issuing or executing such policy or bond, and has filed an affidavit thereof. Such notice may be given by mailing the same, postage prepaid, to the said company or to its agent who issued or executed such policy or bond.

Notes of Decisions

Cited in 10 cases, 1976–2014 · leading case: Cohen v. Liberty Mut. Ins., 673 N.E.2d 84 (Mass. App. Ct. 1996).

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Cohen v. Liberty Mut. Ins., 673 N.E.2d 84 (Mass. App. Ct. 1996). · cites it 2× “On March 30, 1990, Cohen’s attorney notified Liberty, pursuant to G. L. c. 231, § 58A, of an assessment of damages hearing scheduled for April 9, 1990.”

Konan v. Carroll, 638 N.E.2d 936 (Mass. App. Ct. 1994). “8 deciding as we do that the Superior Court judge abused his discretion, we have no occasion to decide whether the letter mailed to the defendants’ insurer in order to comply with G. L. c. 231, § 58A, satisfied the service of process requirements of Mass.”

Jackson v. Corley, 1997 Mass. App. Div. 25 (Mass. Dist. Ct., App. Div. 1997). “G.L.c. 231, §58A See Higbee v. Ambassador Taxi, Inc.”

Hardy v. Utica Mut. Ins., 341 N.E.2d 651 (Mass. 1976). “The plaintiff asserts that the defendant received proper notice of Bills’s default for failure to enter an appearance, as required by G. L. c. 231, § 58A. The record, however, does not show that a notice of Bills’s default was given to the defendant or that an affidavit of…”

Higbee v. Ambassador Taxi, Inc., 341 N.E.2d 258 (Mass. 1976). “The defendant moved for relief from judgment on the ground that the plaintiff failed to comply with the requirements of G. L. c. 231, § 58A, which reads in relevant part: “Damages shall not be assessed, except by special order of the court, in an action of tort, the payment of…”

Saint Louis v. Balloons Over Boston, 1998 Mass. App. Div. 54 (Mass. Dist. Ct., App. Div. 1998). “On April 16,1997, counsel for the plaintiff sent notice of defendant’s default to defendant’s insurer, Aetna Casualty & Surety Company, pursuant to G.L.c. 231, §58A As required by the statute, counsel for the plaintiff filed an affidavit of compliance with the court at the…”

Boyle v. Zurich Am. Ins., 32 Mass. L. Rptr. 352 (Mass. Super. Ct. 2014). · cites it 3× “Nor does it matter that after the Boyles told Zurich about the damages assessment hearing they failed to file an affidavit confirming that fact, as required by G.L.c. 231, §58A. The Court further concludes, however, that Zurich is not liable to C&N under G.”

Ocasio v. Muniz, 2008 Mass. App. Div. 181 (Mass. Dist. Ct., App. Div. 2008). · cites it 2× “Muniz further maintains that Ocasio failed not only to serve Sentry Insurance with a four-day notice of the hearing on his application for default damages, but also to file an affidavit of compliance as required by G.L.c. 231, §58A. Damages may not be assessed against a…”

Johnson v. PARS, Inc., 2004 Mass. App. Div. 187 (Mass. Dist. Ct., App. Div. 2004). · cites it 2× “Defendant’s appeal alleges that the provisions of M.G.L.c. 231, §58A were violated when the court held a hearing on damages without the plaintiffs filing an affidavit stating that they had given defendant’s insurance carrier four days notice of the hearing and/or not issuing a…”

Nguyen v. Liberty Mut. Ins., 6 Mass. L. Rptr. 250 (Mass. Super. Ct. 1996). “Following their receipt of the notice of the default judgment entered in district court against its insured under G.L.c. 231, §58A, Liberty did nothing to vacate the default, enter an appearance or contact the insured, other than to send another letter in October, 1993, in which…”

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