This program discusses M.G.L. c. 176D liability from the perspective of the plaintiff's and defense bar as well as the perspective of the insurance industry. The program also covers 93A liability against professionals and considerations specific to 176D claims against professional malpractice insurers.
M.G.L. c. 93A prohibits unfair and deceptive acts or practices in the conduct of trade or commerce. It is very attractive to litigants in Massachusetts because of the availability of the recovery of attorney's fees and the potential for multiple damages in the event of a "willful or knowing" violation. M.G.L. c. 176D, in conjunction with 93A, provides individuals with a cause of action against an insurer who engages in certain proscribed settlement practices which have a deleterious effect on that individual. A violation of 176D is also expressly a violation of 93A, with the same damages available as are available in a 93A action. There are important nuances, on which the panelists instruct.
This program instructs attendees how to best communicate with insurers, how bad faith claims are perceived by insurance companies, and how to prosecute and defend effectively against bad faith claims. Special attention will be paid to circumstances when professionals are exposed to Chapter 93A liability as well as bad faith litigation against professional malpractice insurers.
COURSE TOPICS:
I. Bad faith litigation - general overview (plaintiff/defense perspective)
II. Bad faith litigation against professional malpractice insurers (specific considerations)
III. Chapter 93A claims against professionals
Panelists and their affiliations:
David W. White, Breakstone White Gluck
Jennifer L. Markowski, Peabody & Arnold LLP
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