Ramos v. International Fidelity Insurance

34 N.E.3d 737, 87 Mass. App. Ct. 604
CourtMassachusetts Appeals Court
DecidedJuly 9, 2015
DocketNo. 13-P-1305
StatusPublished
Cited by3 cases

This text of 34 N.E.3d 737 (Ramos v. International Fidelity Insurance) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramos v. International Fidelity Insurance, 34 N.E.3d 737, 87 Mass. App. Ct. 604 (Mass. Ct. App. 2015).

Opinion

Rubin, J.

The plaintiffs commenced these actions against the defendant, International Fidelity Insurance Company (IFIC), to recover cash collateral and certain bail bond insurance premiums collected from each of them by IFIC’s agent William Fiore, who is now deceased. On cross motions for summary judgment, the motion judge allowed the plaintiffs’ motions on their counts alleging breach of contract, and also allowed IFIC’s motions on the counts alleging a violation of G. L. c. 93A. The plaintiffs, with the exception of Ashley M. Keyes, appeal from the dismissal of their c. 93A claims, and the defendant appeals from the allowance of the plaintiffs’ motions on the breach of contract claims. The defendant also appeals from the calculation of prejudgment interest.

Background. Wiliam Fiore worked as a bail bondsman in Hampden and Berkshire Counties. It is undisputed that Fiore acted as an agent for IFIC, a New Jersey corporation. IFIC is a successor to Atlas Bonding Agency with whom Fiore had an “Agency Contract.” While that agreement was in effect, Fiore was authorized to act as Atlas’s — and then IFIC’s — agent for the soliciting and writing of bail bonds. Fiore had been approved and registered by the administrator of bail as a professional bondsman for the Commonwealth and was authorized to act as an agent for the defendant. That approval and registration were in effect at all times relevant to this case.

Fiore was supplied by IFIC with powers of attorney and was authorized to issue bail bonds on IFIC’s behalf. He sold bail bonds to each of the plaintiffs. On each plaintiff’s bond, IFIC was the named surety. Each bond bore the signature of the given plaintiff, along with that of Fiore, who crossed out the word “Surety” and signed as “agent for International Fidelity Ins. Co.”

Under the terms of the bail underwriting agreement between IFIC and Fiore, Fiore was to collect and deliver to IFIC collateral and to collect bond premiums, some of which were remitted to IFIC. Cash collateral received on behalf of IFIC was required to be “held in a separate cash collateral account and not [to] be commingled with other funds.” Each of the plaintiffs in this action utilized Fiore’s services as a bail bondsman to obtain either [606]*606his own release or the release of a third party on bail, from the Superior Court in Hampden County, the District Court in Holyoke, the District Court in Springfield, or the Superior Court in Berkshire County. Each paid a premium and each posted cash collateral.3 Typically, upon receipt of a premium and collateral from the plaintiffs, Fiore wrote on the back of his business card “received $[amount] dep. [presumably deposit] from [plaintiff]. To be returned when case is over.” He then dated and signed this receipt.4

In each case Fiore instructed the plaintiff that ten percent of the total bond amount constituted a nonrefundable cash bail bond insurance premium payment. This premium was charged in violation of rule 16 of the Superior Court Rules Governing Professional Bondsmen, which prohibits the charging of excessive or exorbitant fees, and provides that “any fee which exceeds in amount or value five percent of the amount of the recognizance when the bondman has received security . . . shall be deemed excessive or exorbitant.”

In the case of each plaintiff, except Hassan Ali, at the end of the underlying criminal case, the plaintiff sought return of his or her collateral. In each case, that plaintiff discovered that Fiore had died, not having deposited any of the collateral in escrow, and leaving an insolvent estate. In the case of Hassan Ali, the defendant on whose behalf Ali purchased the bail bond defaulted. As a consequence, Ali’s payments to Fiore totaled $50,000, the full bail forfeiture amount. Fiore failed to pay this money over to the court, which ultimately demanded payment from IFIC; IFIC eventually fully satisfied the bail forfeiture amount, which IFIC negotiated down to $25,000. Despite obtaining such reduction in the forfeiture amount, IFIC did not return the excess $25,000 (over the actual bail forfeiture amount) Ali had paid to its agent Fiore.

Each plaintiff except Keyes sent a timely demand letter, a prerequisite to bringing an action under G. L. c. 93A, § 9, asserting among other things that Fiore was IFIC’s agent and that IFIC was liable to the plaintiff under established principles of agency law. Each received a reply from IFIC stating that Fiore “was an independent businessman who had a contractual relationship [607]*607with” IFIC, that the “relationship was defined by this contract,” and that IFIC therefore was not liable for his wrongdoing. This response amounted to a denial of an agency relationship, the contours of which are defined not only by contract, but by common and statutory law. Each plaintiff subsequently brought suit against IFIC. These suits were consolidated by the Superior Court.5 Each claimed a violation of G. L. c. 93A and a breach of contract.6

The Superior Court judges’ rulings had three components that are the subject of this appeal. First, the judge who ruled on the motions for summary judgment allowed the plaintiffs’ motions for summary judgment on their breach of contract claims, concluding that Fiore was an agent of IFIC when he entered into agreements with the plaintiffs, as evidenced by IFIC’s granting of a power of attorney. The judge determined that IFIC was vicariously liable for Fiore’s acts. The judge ruled that IFIC was liable to the plaintiffs for the amounts wrongfully appropriated by Fiore, as well as the premium overcharges (in excess of five percent) and the amount of interest that would have accrued on the plaintiffs’ money. The judge also ruled that Ali should recover $25,000, the amount that exceeded what IFIC actually paid into court. IFIC appeals from this ruling.

Second, the motion judge granted IFIC’s motion for summary judgment on the plaintiffs’ G. L. c. 93A claims. The motion judge analyzed only IFIC’s wrongful denial of liability in response to the plaintiffs’ demand letters and concluded that the element of causation (that the unfair or deceptive act actually cause harm to the plaintiffs) was lacking. All the plaintiffs except Keyes, who did not send a demand letter, appeal from this ruling.

Third, after the motion judge initially entered orders on the summary judgment motions, a second judge of the Superior Court held a hearing on November 6, 2012, to determine the date from which interest would be calculated on the plaintiffs’ breach of contract claims. The second judge ruled that each of the contracts was breached when Fiore took additional security over the lawful [608]*608amount and held that interest began to run from that date; final judgments entered accordingly. IFIC appeals from this ruling.

Discussion. 1. The plaintiffs’ appeal on the G. L. c. 93A claims. The judge concluded that the plaintiffs could not proceed on their G. L. c. 93A claims because the defendant’s responses to the plaintiffs’ demand letters — in which IFIC asserted that Fiore was an independent businessman — did not cause the plaintiffs harm. “[Cjonduct in disregard of known contractual arrangements and intended to secure benefits for the breaching party constitutes an unfair act or practice for c. 93A purposes.” Anthony’s Pier Four, Inc. v. HBC Assocs., 411 Mass. 451, 474 (1991) (citation and quotation omitted). As explained infra,

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Cite This Page — Counsel Stack

Bluebook (online)
34 N.E.3d 737, 87 Mass. App. Ct. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-international-fidelity-insurance-massappct-2015.