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 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.

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.