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Apr 2012

Michael Roche recently obtained summary judgment in U.S. District Court for the District of Massachusetts on all counts of a Complaint against the firm’s clients, a property and casualty insurance company and its managing agent.  The Plaintiffs’ Complaint alleged violations of numerous statutes and regulations governing the sale of liability and tenants’ property insurance in Massachusetts.  The Plaintiffs were a group of tenants at a large apartment complex, which was destroyed by fire.  The tenants claimed that the insurance policy they obtained from the Defendants was not as advertised and that the coverage afforded to them was insufficient for their needs.  The Plaintiffs also claimed that the insurance was sold to the tenants by unlicensed agents.  The Complaint alleged breach of contract, misrepresentation, and violations of Massachusetts General Laws, Chapter 93A concerning insurance coverage issues.  Attorney Roche argued, and the Court agreed, that: (1) the summary judgment record was void of any evidence to support the Plaintiffs’ claims that the marketing and sale of the subject insurance policy failed to comply with all relevant regulations; and (2) there was no admissible evidence to support the Plaintiffs’ allegations of breach of contract, misrepresentation, and violations of Mass. Gen. Laws ch. 93A.


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