Date & Time: Tuesday, October 19, 2021 from 4:00 p.m. – 6:00 p.m.
Program Fee: $50
This program is online only.
This program is cosponsored with The Insurance Library
Faculty:
Hon. Brian A. Davis, Superior Court
Hon. Paul D. Wilson, Superior Court
John P. Ryan, Esq., Sloane and Walsh, LLP
Michael C. Gilleran, Esq., FisherBroyles LLP, and author of The Law of Chapter 93A (Vol. 52, Mass. Practice Series)
Unfair insurance settlement claims under Chapters 176D and 93A are frequently litigated, high-stakes actions that can result in substantial damage awards. This two-hour program will cover not only the statutory framework and leading cases, but will include insightful and useful practice tips and pointers from experienced practitioners and judges.
The presenters have also prepared extensive annotated course materials to be provided to participants. These materials can be used to help cut through the many perplexing issues that often arise in Chapter 176D/93A cases.
Program topics include:
▪ Statutory Basics
▪ The Interrelationship Between 176D and 93A
▪ How 176D Cases Differ from Other Types of 93A Cases
▪ Liability Standards under 176D
▪ Specific Insurer Duties Under 176D, Including the Duty to Act Promptly, the Duty to Conduct a Reasonable Investigation, and the Duty to Effectuate a Settlement
▪ Different Standards Applied in State versus Federal Courts
▪ Role of Contributory Negligence and Potential Joint Tortfeasors
▪ Whether Insureds Can Veto a Settlement
▪ Lessons from Cases Involving Large Damage Awards
▪ Multiple Damages and Attorneys’ Fees