In a Cape Cod car accident case, the negligent motorist’s insurance company has certain obligations, including the duty to make a fair settlement offer if liability is clear. Of course, the question of what exactly constitutes fair offer can be subject to debate.
If, for example, an offer is refused and a jury trial results in a substantially higher verdict, the plaintiff has a good argument that the insurance company did not proceed in good faith. When the opposite happens – the jury returns a very modest verdict when compared to the insurer’s settlement offer – the plaintiff may have a difficult time convincing the court that the insurance company acted unfairly.
Facts of the Case
In a recent (unpublished) case, the plaintiff was a woman who filed a personal injury lawsuit, on her own behalf and on behalf of her two minor children, against the defendants, an allegedly negligent driver, his employer, and their insurance company. Her claims included negligence, infliction of emotional distress, and violation of Mass. Gen. Laws chs. 93A and 176D claim. The plaintiff’s claims against the insurance company were stayed while the bodily injury claims against the remaining defendants proceeded to a trial by jury in 2015. At trial, the defendants admitted liability, and jury awarded damages of $10,260 to the plaintiffs; the verdict was affirmed on appeal.