Submitted by Wendy56 on Sat, 10/31/2009 - 16:08
Posted in
My husband and I are having a miserable time with our home owner's insurance company getting them to settle our claim and pay us a fair price for damages we suffered in a fire at our home in Massachusetts. Two questions: Should I call an attorney about this? Can I get triple damages under Chapter 93A? It certainly seems to us like their actions are unfair and deceptive. Thank you for your help.
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Editor's Response
Obviously, I have no idea how much damage your house suffered, what your claim is based on (what type of bad behavior you are alleging) or what your damages might be. However, if we are talking about large sums of money (thousands of dollars rather than hundreds) it is definitely a good idea to talk to an attorney about your claim. Also, given that many attorney will consult with you about a matter at no charge and that you might be entitled to triple damage and/or attorney's fees (see below), if possible, you should find a MA Lawyer and talk it over.
As for your second question, there was a case in 2001 called Hopkins vs. Liberty Mutual (434 Mass. 556 in which the Supreme Judicial Court specifically found that a violation of Massachusetts General Laws Chapter 176D, Section 3(9)(1) (a statute that prohibits insurers from failing to settle claims in a prompt and fair manner) may also be a violation of Chapter 93A and entitle the insured to an award of multiple damages and attorney's fees. So, yes, if you end up pursuing this matter on your own, you should research 93A and Chapter 176D. Good luck.