Bodkin & Mason, LLP

A Massachusetts woman who was paralyzed when an eighteen wheeler crashed into the rear end of her car in 2002 today received a split decision from the Massachusetts Appeals Court. The majority found that the Chapter 93A-Bad Faith damages should be calculated based not upon the judgment but on the loss of use of the money, effectively a win for the insurer. The case chronicles and illustrates the all too common behavior of a major insurer. The lucid dissent by Justice Berry stands out and it will be interesting to see whether the SJC will adopt her line of reasoning if the case is appealed.

It is an interesting case on many levels:
http://bodkinmason.com/recent-decisions.html

Once again insurance companies never fail to amaze. This poor guy had his painting stolen back in 1975. The insurance company compensated him $25,000.00 for it. When the international art police recovered it some 30 years later the insurance company had the response of a 2 year old…”that’s mine”.. particularly where the painiting was now worth $800,000.00! The family was willing to repay the $25,000.00 back but “no”, said One Beacon. The Superior Court and then -yes the insurance company appealed-the Appeals Court rendered justice. They put One Beacon Insurance in a time out and told them to give it back.

The case is worth a read.

http://bodkinmason.com/recent-decisions.html