Laporte v. Royal Globe Indemnity Co.

54 Mass. App. Dec. 185
CourtMassachusetts District Court, Appellate Division
DecidedJuly 1, 1974
DocketNo. 80; No. 49654
StatusPublished
Cited by3 cases

This text of 54 Mass. App. Dec. 185 (Laporte v. Royal Globe Indemnity Co.) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laporte v. Royal Globe Indemnity Co., 54 Mass. App. Dec. 185 (Mass. Ct. App. 1974).

Opinion

Tamkin, J.

This is an action of contract to recover under Counts 1 and 2 for property damage sustained to her motor vehicle and under Count 3 for double damages and reasonable attorney fees under the provisions of G.L. c. 90, § 340. The answer is a general denial.

We summarize the evidence as follows: The defendant had issued to the plaintiff a motor vehicle insurance policy affording property damage coverage for the year of 1972. The plaintiff purchased this policy from the Brook-field Insurance Agency (Brookfield) in Brock-ton, Massachusetts. The plaintiff was involved in a motor vehicle accident on December 30, 1972 wherein she sustained property damage to her motor vehicle. Brookfield was not an agent of the defendant and the plaintiff was an assigned risk. On January 2, 1973, the plaintiff filed with Brookfield a written accident report claiming damages to her motor vehicle. On January 4, 1973, Brookfield telephoned the defendant and advised them of the claim. On January 8, 1973, the plaintiff submitted to Brookfield a written appraisal in the amount of $1438.02. On January 8,1973, Brook-[187]*187field notified the defendant by telephone where the defendant might view the plaintiff’s automobile and also forwarded to the defendant a copy of the plaintiff’s appraisal. On or about January 17, 1973, the plaintiff called the defendant’s Boston oEee inquiring as to payment of her claim. She made several subsequent' phone calls to the defendant requesting payment. The defendant received a written report of the accident on January 23, 1973. On February 6, 1973, the plaintiff’s attorney wrote to the defendant requesting payment. On February 20, 1973, a release was sent from the defendant to the plaintiff’s attorney which required a transfer of ownership of the plaintiff’s motor vehicle to the defendant. On .February 23, 1973, William Manchinton, an insurance adjuster for the defendant, telephoned the plaintiff’s attorney leaving a message not to execute the release as it was in error. On February 20, 1973, a second release in the amount of $1095, which also required a transfer of ownership of the plaintiff’s motor vehicle, was sent to the plaintiff by Mr. Manchinton. Mr. Manchinton testified that this second proof of loss was sent because he thought the plaintiff had decided to keep the car. On March 26, 1973, the plaintiff’s attorney forwarded a letter demanding payment of the plaintiff’s claim. On April 3, 1973, a third release in the amount of $1205.00 also requiring a transfer of ownership, was forwarded to the plaintiff’s [188]*188attorney by Mr. Manchinton. Mr. Manchinton testified that this third proof of loss contained a bill of sale through error.

Mr. Manchinton testified that the written report of the accident on January 23, 1973 was the first report received by the company. The defendant admitted that the defendant was indebted to the plaintiff for $90.00 in towing and storage charges. The fair and reasonable value of the plaintiff’s claim for damages to her motor vehicle was $1508.00. The fair and reasonable salvage value of the plaintiff’s motor vehicle was $150.00. The defendant owed the plaintiff- $1358.00. The defendant, through William Manchinton, admitted that all three releases that were forwarded to the plaintiff were “mistakes”. On November 15, 1973, at the conclusion of the District Court Trial, the defendant had not paid plaintiff’s claim in whole or in part.

At the close of evidence, the plaintiff filed requests for rulings, which with the court’s disposition thereof, were, as follows:

1. The defendant is indebted to the plaintiff for the total amount of damages sustained to the plaintiff’s automobile on December 30, 1972, less a Fifty Dollar deductible as provided within the provisions of the defendant’s insurance policy to the plaintiff. 11 Allowed”
2. That the defendant is indebted to the plaintiff for towing and storage [189]*189charges occasioned by the damage sustained to the plaintiff’s automobile on December 30, 1972, as provided for within the terms of the defendant’s insurance policy to the plaintiff. “Allowed”
3. That this Honorable Court make rulings on the “Double Damage Statute” (Mass. General Laws Chapter 90, Section 340) as follows:
a. the defendant insurer received information that the plaintiff was a policy holder, that an accident occurred, and the amount of the loss or damage claimed, and that the defendant insurer failed to make payment within fifteen days after receiving such information. “Is a request for a finding of fact but is allowed”
b. The defendant insurer was unreasonable in refusing to pay the plaintiff’s insured’s claim in whole. “Denied”
c. The defendant insurer was unreasonable in refusing to pay the plaintiff insured’s claim in part. “Denied”
d. The plaintiff, as the claimant within the provisions of Chapter 90, Section 340 is entitled to recover double the amount of damages claimed plus her costs. “Denied”
[190]*190e. The plaintiff, as the claimant within the provisions of Chapter 90, Section 340, is entitled to recover reasonable attorney fees fixed by the Court. “Denied”

The following findings of fact were made: “I find that the defendant insurer was negligent in the manner in which it processed the plaintiff’s claim and I find that the defendant has failed to pay the claim within fifteen days of receipt thereof from the plaintiff, but such negligence and failure to pay does not in the court’s opinion constitute a refusal to pay the claim or amount to such a degree of unreasonableness as to constitute a refusal within the language of Section 340 of Chapter 90 of the General Laws.”

The report was stated' to contain all the evidence material to the conclusions reported.

Plaintiff claims to be aggrieved by the rulings on request 3b, 3c, 3d, 3e, and the court’s findings of fact.

The court found for the plaintiff in the sum of $1358.00 on both Counts 1 and 2 and found for the defendant on count 3.

The issue raised by this appeal is whether or not the “insurer was unreasonable in refusing to pay said insured’s claim” within the meaning of G.L. c. 90, § 340 (3).

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Related

Goldstein v. Hartford Accident & Indemnity Co.
3 Mass. Supp. 42 (Massachusetts District Court, 1981)
Goldstein v. Hartford Accident & Indemnity Co.
1981 Mass. App. Div. 243 (Mass. Dist. Ct., App. Div., 1981)
La Porte v. Royal Globe Indemnity Co.
56 Mass. App. Dec. 22 (Mass. Dist. Ct., App. Div., 1975)

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Bluebook (online)
54 Mass. App. Dec. 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laporte-v-royal-globe-indemnity-co-massdistctapp-1974.