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.

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.