Clegg v. Butler

David Westcott White Jr

Case Conclusion Date:September 30, 1997

Practice Area:Insurance

Outcome:Triple damages and attorneys' fee awarded

Description:The case arose from the bad faith of Utica Mutual Insurance Company, and its failure to settle a claim arising from a car accident. The plaintiff was badly injured in the accident, and was permanently disabled. The underlying case was finally settled just prior to trial, and the case against the insurance company for bad faith insurance practices continued to trial and then to appeal. The trial judge found that the insurance company had violated M.G.L. c. 93A and c. 176D, and awarded triple damages to the plaintiff. The insurance company appealed, and the plaintiff cross-appealed. The matter was transferred to the Massachusetts Supreme Judicial Court. The SJC found in favor of the plaintiff in all respects, except for the calculation of damages. The matter was sent back to the trial judge for re-calculation of the damages. Triple damages against the insurance company for the plaintiff's loss of the use of the money plus attorneys' fees. The damages exceeded $670,000.

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