Belfon v. Metropolitan Property & Casualty Insurance

5 Mass. L. Rptr. 357
CourtMassachusetts Superior Court
DecidedJune 3, 1996
DocketNo. 956278
StatusPublished

This text of 5 Mass. L. Rptr. 357 (Belfon v. Metropolitan Property & Casualty Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belfon v. Metropolitan Property & Casualty Insurance, 5 Mass. L. Rptr. 357 (Mass. Ct. App. 1996).

Opinion

Brassard, J.

INTRODUCTION

The plaintiff, Calvin Belfon (“Belfon”), brought this action against Metropolitan Property & Casualty Insurance Company (“Metropolitan”) after Metropolitan denied his claim for uninsured motor vehicle benefits. Belfon alleges that Metropolitan violated General Laws Chapters 93A and 176D in its handling, and eventual denial, of his claim. This matter is now before the court on the plaintiffs motion for summary judgment. For the reasons set forth below, the plaintiffs motion for summary judgment is ALLOWED.

FACTS

On September 5, 1994, while driving an automobile in the State of New York, the plaintiff, Belfon, was involved in a car accident. At the time of the accident, Belfon was insured by the defendant, Metropolitan, under policy number 022-66-9546-0. Belfon’s policy provided uninsured or underinsured benefits up to a limit of $20,000 and, on January 18, 1995, Belfon informed Metropolitan that he intended to pursue such a claim.

On January 31, 1995, Belfon provided a description of the accident to Metropolitan over the telephone. Belfon’s statement, which is undisputed by any evidence, was that he was travelling on Eastern Parkway and as he approached its intersection with Schenectady Road the light was red. Belfon stated that he was the fourth car in line waiting to take a left onto Schenectady Road. Belfon stated that the light turned green and the cars ahead of him turned left into the intersection. As Belfon entered the intersection, the cars in front of him stopped as a festival was occurring ahead. Belfon stated that he remained stopped in the intersection for nearly two minutes when an oncoming car struck him at a high rate of speed.

On February 2, 1995, Belfon demanded settlement of his uninsured claim in the amount of $20,000 and, on March 22, 1995, Metropolitan denied said claim. On March 28, 1995, Belfon requested that Metropolitan arbitrate his claim for uninsured benefits and on August 10, 1995, the claim was arbitrated. In a decision dated August 25, 1995, the arbitrator found that “there has been no evidence offered to contradict Mr. Belfon’s version of how this accident took place” and that “Mr. Belfon was not comparatively negligent to any extent in causing this accident.” The arbitrator issued an award of $25,000 to Belfon.

.Subsequent to the arbitrator’s decision, Belfon sent a formal demand letter to Metropolitan claiming violations of General Laws Chapters 93A and 176D. Metropolitan denied liability and refused to make any offer of settlement. Belfon then brought this current action and has moved for summary judgment.

DISCUSSION

A. Summary Judgment Standard of Review

Summary judgment is appropriate where there are no genuine issues of material fact in dispute and where the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and that the summary judgment record entitles the moving party to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989).

B. Unfair Claim Settlement Practices

General Laws Chapter 93A, §9(1) provides, in pertinent part, that “any person whose rights are affected by another person violating the provisions of clause (9) of section three of chapter one hundred and seventy-six D may bring an action in the superior court... for damages ... as the court deems to be necessary and proper.” Belfon argues that Metropolitan violated G.L.c. 176D, §3(9)(f)-(g) and, as those violations represent unfair claim settlement practices, violated G.L.c. 93A, §9(1).

1. G.L.c. 176D, §3(9)(f)

Pursuant to General Laws Chapter 176D, §3(9)(f), “Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear,” constitutes an unfair claim settlement practice. The issue before this court is whether liability in this matter was “reasonably clear,” or whether that question raises a genuine issue of material fact.

In the case at bar, Metropolitan asserts, via an affidavit from Stephen Demers, one of its claim representatives, that it conducted a prompt investigation [358]*358and determined that Belfon “attempted a left hand turn when it was not safe to do so.” According to Mr. Demers, Metropolitan concluded that Belfon was greater than fifty percent negligent for making an improper left turn and denied his claim. As a basis for its conclusion, Metropolitan relied upon Belfon’s telephone statement and a police report wherein an officer apparently stated that Belfon “turned improperly."1

Metropolitan’s conclusions, however, are completely unsupported by evidence. Belfon’s version of the accident indicates that he was stopped in an intersection when a car travelling at a high rate of speed failed to see his vehicle and struck it. These facts do not suggest that Belfon was more than 50% negligent for the accident, and Metropolitan’s reliance on an assertion in a police report, without speaking with the officer or other witnesses, is not reasonable. Despite this fact, however, Metropolitan denied his claim outright. Moreover, the police report Metropolitan relies upon almost exclusively is not even before this court, notwithstanding potential hearsay problems.

This court concludes, as a matter of law, that liability in this case was “reasonably clear,” and that Metropolitan violated Section 3(9) (f). This court also finds that the claim letter sent by Belfon pursuant to G.L.c. 93A was sufficient as it gave reasonable notice of a demand arising from Section 3(9)(f) and, in fact, expressly referenced that section. Moreover, Metropolitan is subject to G.L.c. 93A and G.L.c. 176D, §3(9) with respect to Belfon’s claims, because it was engaged in the business of insurance.

General Laws Chapter 93A, §9(3) provides, “Any person receiving ... a demand for relief [under this chapter] who, within thirty days of the mailing or delivery of that demand for relief, makes a written tender of settlement which is rejected by the claimant . . . may . . . limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered . . .’’As Metropolitan did not make a written tender of settlement, Belfon’s recovery is not limited in such a manner.

General Laws Chapter 93A, §9(3) further provides that “(R]ecovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater; or up to three but not less than two times such amount if the court finds that the use or employment of the act or practice was a willful or knowing violation of [this chapter] ... or that the refusal to grant relief upon demand was made in bad faith with knowledge or reason to know that the act or practice complained of violated [this chapter] . . . For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence . . .”

“Single damages under G.L.c. 93A . . . are designed only to compensate for the ‘losses which were foreseeable consequences of the defendant’s unfair and deceptive act or practice.’ ” Bertassi v. Allstate Ins. Co., 402 Mass. 366, 372 (1988).

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Cite This Page — Counsel Stack

Bluebook (online)
5 Mass. L. Rptr. 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belfon-v-metropolitan-property-casualty-insurance-masssuperct-1996.