How to Deal With Insurance Bad Faith in Massachusetts

Bad faith insurance claims in Massachusetts. Good afternoon. My name is Neil Burns. I’m a lawyer here at 6 Beacon Street in Boston, Massachusetts, and I’ve been asked to talk today about bad faith claims by insurance companies and how that works in the law, in the system.  So we have a number of these cases, and we’ve prosecuted a number of these cases over the years.

And the law, the Chapter 93A, Chapter 176D, are the laws that we use to  put forward these types of claims. And they’re complicated cases, they can be very complicated, and they’re hard to win, because the insurance companies have so much power, they have so much money to spend to  litigate. But they can be used very effectively if  they’re accurate, if your claims are accurate.

If the insurance company is dragging their feet, if they’re misrepresenting facts that they know, if they’re essentially forcing you to file suit because it’s a small claim and they know that you don’t want to spend the time and the money to do it. These can be areas of misrepresentation.

In legal malpractice, sometimes there’s a declining policy. So if you have, let’s say a million dollar insurance policy, every penny, every dollar spent in attorney’s fees and costs  reduces the amount of the policy so you can alleged that if the case is worth more than the policy that they’re not being fair because they’re, they’re spending a lot of time and money going to things that really are not necessary.

When you have a good claim and you file your 93A 176D letter, what happens is the person, the insurance defense attorney that’s representing the defendant,  let’s say it’s a car accident,  somebody rear ended you, they’re not making a fair offer. When you send that letter, and then you file a claim, file a lawsuit, the  insurance defense attorney that’s defending the defendant can’t defend the insurance company. There’s a conflict of interest. 

So now you have another insurance defense attorney, another layer of attorneys. And frequently, that helps. The new attorney on the scene says to the insurance company, who he or she’s representing, this is silly, you shouldn’t be spending more time and money on this. Could be the opposite. Could they say you have a great case, go for it, keep going, let’s keep litigating. But it also could be that it leverages the case to move forward towards settlement or toward trial on reduced issues.

So if you are a victim of a legal malpractice or personal injury and you think you or your attorney is not being treated fairly by the insurance company, if they have a good defense and they’re being legitimate about it, that’s fine.

That’s the name of the game here, unfortunately. But if you think the insurance company is being unfair, if they’ve taken one thing out of context, if they make you spend extraordinary amounts of money on something that really isn’t necessary, you may have a 176D 93A claim, talk to your attorney about it, or call Burns Jain, 617-227-7423.

We’re effective, we’re aggressive, and we care about you, and it’s a free initial consultation. Call Burns Jain. Thank you.