c. 176D | Agency Checklists

A Massachusetts statute prohibiting “Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance.” The statute grants the commissioner of insurance broad authority in issuing cease and desist orders and fines to persons engaged in the business of insurance in the commonwealth. The statute also has a list of nine unfair insurance claim practices the violation of which are violations of G.L. c. 93A, by definition. Chapter 93A gives consumers the right to sue for punitive damages and attorney fees for violations of the unfair claim practice provision of G.L. c. 176D.

SJC Reverses $215,000 Attorney Fee Award Found Payable Under BOP Policy
Case Highlights Risk of Uncovered Risk Product Liability Claims Brought Under G.L. c. 93A
Federal Judge’s Ruling Finds “Cheers” Bar at The Hampshire House Has No Coverage
The latest decision in Massachusetts involving a COVID-19 business interruption claim, brings no 'cheer' to Hampshire House.
Supreme Court Rules Auto Policies Cover Vehicles’ Post-Repair Losses of Value
The SJC has issued a widely anticipated decision initiating a sea change in the property damage recoverable under the standard Massachusetts automobile policy for all insurers within the Commonwealth.
Mass. Appeals Court Reaffirms Rigid No-Prejudice Notice Rule for Claims-Made Policies
In this case, the Appeals Court was asked to rule that the addition of the language, “as soon as practicable, allowing an insured to notify the insurer about facts and circumstances that might reasonably develop into a future reportable claim" allowed for late notice.
DOI Fines Producer $1,250 For Prior Failures To Report After License Lapses
This is the first licensing decision from the DOI after an eight-month hiatus.
$15 Million High-Value Homeowner Policy Loss Leads Court to Rule PURE’s Reference Provision Ambiguous
An insurance coverage dispute involving the total fire loss in December 2020 of a 1905 hunting lodge built by hand with unique wood and stonework and insured for over $5 million and its contents for $2.2 million.
Coverage for Inherent Diminished Value Dependent on Policy Version
A case involving an third-party auto insurance coverage claim for inherent diminished value against Amica over a damaged Acura.
An Insured’s Underpayment of Loss Lawsuit Over Brookline Building Backfires
Worcester Agency Settles With DOI And Pays A $500 Fine Over Offering A $75 Rebate For New Policies
Agency stops distributing its 20,000 flyers offering a rebate when the DOI gets involved.
Court Rules Liability Insurer Can Recover Defense Costs & $1.5 Million Settlement from Insured
In a case of first impression, an insured must reimburse its insurer for defense and settlement costs on an uncovered claim.

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