No Act of God Here; Massachusetts’ Appeals Court Awards EC Damages to Claimants for Insurer’s Failure to Properly Investigate and Timely Settle
Summary: Insured’s judgment creditors brought action against liability insurer to recover for unfair insurance settlement practices in connection with claim for damage to plants from salt water drawn from well drilled by insured. The trial court, after a six-day bench trial, entered judgment in favor of creditors and awarded attorney fees and expenses. Parties filed cross appeals and Appeals Court affirmed in part, reversed in part, and remanded.