Our Massachusetts Appeals Court recently reviewed a case in which the Plaintiff, who was seriously injured, brought a claim and ultimately sued the Defendant who was insured by Arbella Mutual Insurance Company. The Defendant’s operator was 100% at fault. The Plaintiff suffered fractured bones which required surgery and she incurred more than $50,000 in medical expenses. A demand was sent to Arbella by the Plaintiff’s attorney requesting payment of the $20,000 policy limits carried by the Defendant. Arbella failed to respond within the thirty (30) day period and a lawsuit was brought by the Plaintiff. Ultimately, Plaintiff’s attorney reached a settlement with the Defendant in the amount of $450,000. According to the agreement the Defendant assigned all rights with Arbella to the Plaintiff. In exchange, the Plaintiff agreed not to enforce the judgment against the Defendant personally. Almost two years post settlement with the Defendant; the Plaintiff sent a 93A demand letter to Arbella demanding $1.4 million. Arbella responded with an offer of $23,966.16. Shortly thereafter suit was filed against Arbella by the Plaintiff as assignee of the rights of the Defendant. Recently, the court issued a judgment against Arbella of more than one million dollars.
After about twenty years where the insurance companies have been treated with kid gloves by our appellate courts, we finally have a court which has taken the hammer, as it should, to Arbella. Hopefully, other insurers will take note and treat injured plaintiffs with the respect and dignity which they deserve.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
