Boston Injury Lawyer Blog

Massachusetts has several laws which govern and direct certain aspects of the insurance industry. This article will briefly discuss the two most useful to the physical medicine provider: Massachusetts General Laws, Chapter 93A and Chapter 176(d). They regulate unfair and deceptive acts and practices within the insurance industry.

These two statutes, for example, govern what constitutes a "reasonable" investigation by the insurer, whether the insurer acted in a timely manner in processing claims/bills, or whether the insurer offered a reasonable settlement in an ongoing matter. A Chapter 176(d) violation is a per se violation of chapter 93A.

Built within Chapter 93A is the availability of double or triple damages (meaning once damages are found a judge may double or triple the amount) and the possibility of costs and attorney fees. This is such a big deal because our civil justice system is neither designed to punish a defendant (that is left to criminal law), nor award attorney fees and costs: known as the American Rule, each party is left to pay their respective costs of litigation, win or lose.

Continue reading "Triple damages in Massachusetts When Using 93A " »

Time and time again we urge our Massachusetts clients to pay for Underinsurance Coverage in their motor vehicle policies. For some reason insurance agents neglect to inform their customers that this is some of the most critical coverage you can purchase.

In Massachusetts, you are only required to have $20,000 of liability coverage. Thus, if you are injured by another driver, no matter what your lost wages are, no matter how high your medical bills are, and no matter how badly injured you are, you can only get $20,000 from their insurance company. It is not likely that they have any other assets to pay you.

There is an answer, however: buy more Underinsurance coverage! If you were to purchase a $100,000 policy from your insurer, you, or anyone in your vehicle, would be covered up to that amount in the event the other driver caused damage to you.

Please see our website for a more detailed explanation of underinsurance in Massachusetts.