I remain in close contact with the family.  Tragically, the minor died in part due to his injuries. I provided assistance to the family after the plaintiff’s death and was able to convince the structured settlement insurer to release the funds still in the structured settlement to the family outright, without penalty.

The insurer, Safety, gave low-ball offer to Mr. Nunes, with a top offer of $140,000.

Mr. McGowan tried the case along with Frank Middleton in October of 2024 and the verdict, with interest, ended up with payment to Mr. Nunes of $7,100,000. As reported in Massachusetts Lawyers Weekly, this was the 5^th largest verdict in Massachusetts in 2024 and is believed to be one of the largest Plymouth County verdicts ever. A bad faith action against the insurer for their low-ball tactics is pending in Plymouth County.

The client, where she first met with us was living in the basement of the ruined property and was without any resources to rebuild her home.  This case was incredibly gratifying in that Ms. Slater truly was an innocent party to this debacle.  Ironically, a Supreme Judicial Court Decision, Western Alliance Insurance Company v. Gill, 426 Mass. 115 (1997) was significant in the outcome.  I argued the Western Alliance case before the SJC.  I had prevailed on summary judgment at the Superior Court level; the matter was appealed and the SJC reversed the decision of the Superior Court finding that the absolute pollution exclusion did not apply to fumes emitted from a Tandoori oven in the context of a patron who was injured at an Indian restaurant. Although the decision in the Western Alliance case was a disappointment at the time, I have had the opportunity to use this decision effectively when representing policyholders against their insurers on the issue of the reasonable expectations of an insured when they purchase a policy of insurance.

We were engaged to assist our client. We alleged unfair and deceptive business practices and demanded that the dealership replace the insured’s vehicle. The dealership, after some negotiation, agreed to replace the vehicle at no additional cost to our client.

We engaged an engineer to evaluate whether the table met the applicable BIFMA standard for pub-height tables and were able to demonstrate that the table failed at one quarter the required resistance. We monitored our client’s progress over several years until he had reached a medical end result and were able to resolve his claims prior to filing a lawsuit through a substantial settlement with the insurers for the table manufacturer, the table distributer, and the entertainment venue.

As litigators, we understand that most often a cost-effective resolution is preferable to protracted litigation.

We were able to secure an expert to counter the insurer’s claims and obtain a settlement on behalf of our client that substantially exceeded the agreed value of the vessel, as we demonstrated that the insured had engaged in bad faith in the business of insurance proscribed by Massachusetts General Laws Ch. 93A §9 and ch. 176D §3(9). This settlement was reached in advance of trial.

If you have suffered a financial loss, you may be entitled to recover compensation even if your insurer has denied you coverage. Read our page on insurance coverage disputes or contact McGowan & Associates for a free legal consultation at 781-261-9977.

We were engaged to assist our client in the prosecution of claims against the contractors involved in the project and the engineer who oversaw the work. We were able to establish that the structure was indeed settling and were able to obtain a substantial pre-suit settlement on behalf of our client that allowed her to fund remedial work to shore the structure and allow her to remain in her home.

Our client was never informed about the risks associated with this application and endured great pain from the chemical burns. Ultimately, this incident resulted in permanent scarring and permanent hair loss in the affected area. Our client had to endure extensive treatment and understandably endured great mental and emotional discomfort.

We were able to reach a substantial settlement with the salon’s insurer on our client’s behalf. We were also able to negotiate with Medicare to reduce the amount of her lien.

If you have suffered a chemical burn due to someone’s negligence, learn your legal rights. Read our page on burn injuries and contact McGowan & Associates for a free legal consultation. Our attorneys have extensive experience representing clients who have suffered catastrophic injuries and burns. Contact us today at 781-261-9977 or use our contact form.

Our client was unable to participate in a summer program during her period of convalescence and developed significant scarring from her injuries. Her scarring was visible with hyperpigmentation and this caused her to wear long skirts even in the summer to conceal her scarring, and while she had been an avid bicyclist, she lost her confidence to take to the road.

We assembled medical records and assisted our client in finding a plastic surgeon who could discuss various revision options with our client. We then prepared a demand to the inattentive driver, explaining why she was liable to our client and explaining how the incent had impacted our client. The Driver’s insurer first sought to dispute liability and damages, but we were able to line up witnesses to confirm the fault of the driver. We then secured a report from the plastic surgeon that explained the different revision options to make the scarring less visible. We were able to negotiate a significant settlement for our client without the need to file a lawsuit.

We prepared a demand on our client’s behalf that demonstrated that the manner in which the doorway opened into the aisleway is a violation of the Massachusetts Building Code, 780 CMR 1005.2 which forbids such encroachment. We further showed that the caution signage was not visible to patrons in the aisleway until the door was opened into them, rendering the warning useless. The insurer changed its position on liability and agreed to negotiate a settlement.

Over the course of the next several months, we were able to secure and present out client’s medical bills and reach a settlement with the restaurant’s insurer. We were also able to work with Medicare to reduce the amount of the lien that our client had to pay back, in order that he could have more money in his pocket. Finally, the restaurant changed the doorway to swing into the room as opposed to out into the aisleway, foreclosing the risk of this happening to anyone else.

If you have been injured by unsafe conditions on someone’s property, learn your legal rights. Read more about premises liability laws.

The insurance company for the drunk driver refused to pay for her medical bills and denied her claim for property damage, claiming that she was at fault for the car accident as she was in the process of making a turn when her vehicle was struck. We obtained the police report and determined the driver had a blood alcohol percentage that was twice the legal limit and was charged with reckless operation. We obtained the record from the criminal proceeding and determined that the drunk driver had run a red-light seconds before the crash and had traveled through the intersection at over 40MPH. We also tracked down the eyewitness and obtained a statement form her. Using this information, we obtained an out-of-court settlement from the bar which had overserved the drunk driver.

We then filed suit against the drunk driver and his insurer, alleging the insurance company violated G.L. ch. 93A and ch. 176D by failing to conduct a reasonable and thorough investigation. The insurance company ultimately capitulated regarding liability and paid a substantial settlement on behalf of the drunk driver and to avoid the potential for an award of multiple damages at trial.

McGowan & Associates specializes in representing individuals injured in car accidents on the South Shore, Plymouth County and across Massachusetts. Learn your legal rights if you have been injured by a negligent or drunk driver in Massachusetts.

Her insurance company said that it was too late to advance claims, but our research uncovered mistakes in the claim handling process and we communicated that the insurer had not conducted a reasonable investigation as is required by law. In Massachusetts, the statute of limitations is four years for any consumer protection action including insurance actions. We therefore advanced claims in the Superior Court pursuant to Massachusetts General Laws Ch. 93A §9 and ch. 176D §3(9), for the insurer’s bad faith and unfair and deceptive insurance claim settlement practices. The insurer quickly settled to avoid the mistakes that were made being exposed, and a judgment in our client’s favor.

If you have a property claims with your insurance company, it is important to have counsel that understand the timeframe within which a suit may be brought, as insurance policies often limit claims to a two years window. However, even if contractual claims are barred by the insurance policy, conduct prohibited in G.L. ch. 176D is not merely “duplicative” of ordinary breach of contract claims based on the insurance policy. To the contrary, when an insurance company engages in the conduct that is proscribed by G. L. ch. 176D, and is made unfair and deceptive by G. L. c. 93A, §9, that creates a cause of action that lies entirely independent from the contract (or restrictions therein).

When property damage occurs, it is important to understand your rights under and outside of an insurance contract and McGowan & Associates is available to assist South Shore residents who need guidance in the property damage claims process. Read more about our work representing clients in insurance bad faith and insurance coverage disputes on the South Shore and across Massachusetts.