Massachusetts’s General Laws Chapter 93A, §§ 9 and 11 and Chapter 176D §3(9), commonly referred to as “unfair insurance claims practice,” is frequently asserted as a weapon by policyholders against insurance companies in the claims process and in lawsuits. A judicial determination of bad faith claims practice may expose an insurance company to double, treble damages and attorney’s fees. We have time and time again successfully defended insurance companies against bad faith claims practices.
We regularly counsel insurance companies on best practices so that claims of bad faith do not arise in the first instance. Most best practices are common sense, but there are some unique insurance claim practices to Massachusetts, governed by insurance policies, regulations, statutes, and caselaw. Insurance companies hire us to respond to Chapter 93A demand letters and defend claims brought under Chapter 93A. We also counsel insurance companies on responses to complaints made to the Massachusetts Division of Insurance.