Insurers’ Duty to Settle Accident Cases

In another case testing the parameters of G.L. c. 93A and G.L. c. 176D, Commerce Insurance Company prevailed.  The law is still that when liability is reasonably clear, both with regard to fault and to damages, the insurer has a duty to make a reasonable offer of settlement. It may be that a failure by a claimant to make a demand does not in all circumstances trigger an obligation to make that offer.  That was true in Giacalone v. Commerce Insurance, Ma. App. Ct. (2013) when Commerce was able to demonstrate that it had acted reasonably and was only delayed because of the claimant’s lack of cooperation.  Your attorney must be proactive, experienced and interested in zealously pursuing your rights.

Nevertheless, it would appear that the policy was limited and the damages were substantially higher than the policy and an insurer failing to be more proactive is risking an unnecessary, unfair and deceptive acts or practices judgment.  It is certainly risking the costs and expenses of same.