The Massachusetts Appeals Court’s decision in Nwozuzu v. Safety Insurance Company examines two recurring issues in insurance litigation: when a Chapter 93A demand letter is legally sufficient, and whether a coverage denial based on an insured’s failure to cooperate can withstand scrutiny under Massachusetts unfair claims settlement law.
Continue Reading Massachusetts Chapter 93A in Insurance Disputes: Demand Letter Requirements, the Duty to Cooperate, and Unfair Claims Settlement Practices Under Chapter 176D

Court dismisses Chapter 93A counterclaim against alleged copyright troll while allowing photographer’s copyright infringement case to proceed to trial.
Continue Reading No ‘Trolling’ Shortcut: Federal Court Rejects Chapter 93A Counterclaim in Boston Copyright Fight

Massachusetts court rules for-profit marketing firms may face Chapter 93A liability for deceptive ad campaigns run on behalf of nonprofits, even if statements are technically true.…

Continue Reading For‑Profit Marketing Firms May Face Chapter 93A Risk Even When Working for Nonprofits

In Distefano v. Bank of America, N.A., the U.S. District Court for the District of Massachusetts dismissed Chapter 93A claims arising from allegedly unauthorized transfers through the money-transfer application…

Continue Reading Federal Court Dismisses Chapter 93A Claims Predicated on Fraud for Failure to Plead With Particularity

In Callahan, Inc. v. Arch Specialty Insurance Co., the United States District Court for the District of Massachusetts issued a decision addressing the intersection of contractual choice-of-law provisions and Massachusetts unfair business practices claims.…

Continue Reading Choice-of-Law Clause Defeats Massachusetts Chapter 93A in Commercial Insurance Dispute

In CMTA, Inc. v. Dussault, the U.S. District Court for the District of Massachusetts addressed the scope of Chapter 93A liability arising from allegations that a senior employee secretly…

Continue Reading When Employee Misconduct Becomes Marketplace Deception: Court Clarifies Chapter 93A’s Reach

In O’Connor v. Ford Motor Co., the United States District Court for the Northern District of Illinois addressed whether a Massachusetts Chapter 93A claim could proceed after the court had dismissed the plaintiff’s fraud allegations.…

Continue Reading Court Allows Chapter 93A Claim to Proceed Despite Dismissed Fraud Claim

In Kirby v. Mousis, the Massachusetts Appeals Court affirmed judgment for the defendants on the plaintiffs’ Chapter 93A, § 11 claim and reinforced that failed business ventures and unmet…

Continue Reading No Capital, No Claim: Chapter 93A Rejected in Kirby v. Mousis

Judge F. Dennis Saylor IV recently dismissed a plaintiff’s claim under Massachusetts General Law Chapter 93A § 11 because the claim did not arise “primarily and substantially” within Massachusetts. In…

Continue Reading District of Massachusetts Dismisses 93A Claim Despite Choice-of-Law Provision