Insurance Company Violated 93A/176D by Refusing to Clarify Medical Record Reviewer’s Opinion.

A Massachusetts insurance company was recently found to have violated Chapter 93A and Chapter 176D of the Massachusetts General Laws by: (1) failing to offer a reasonable settlement to an injured plaintiff; and (2) failing to honor the plaintiff’s request to review the insurance company’s medical record review on which the insufficient settlement offers were based.

The plaintiff, a 33 year-old machine operator, had been injured in a motor vehicle collision in 2003. The defendant insurance company made initial offers of $640,000 and $700,000, even though the policy limit was $1 million. The insurance company settled the claim for $1 million a month before trial, but the alleged violations of Chapter 93A and 176D were still tried. The insurance company had based its low initial offers on a medical report relating to a medical record review by an orthopedic surgeon that suggested that two of the three surgeries the plaintiff had received following the car accident were related to the plaintiff’s pre-existing disc disease. The insurance company, however, refused to allow the plaintiff to review the medical report because the surgeon who made it would then have had to admit that the plaintiff’s pre-existing disease was asymptomatic before the car accident. Thus, the judge found that the defendant purposely and strategically violated Chapters 93A and 176D.

If you or someone you love has been injured or killed in a Massachusetts auto accident, do not hesitate to call our Massachusetts auto accident attorney experts and Boston, MA car accident lawyer professionals at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates today at 617-787-3700. Our Boston, MA personal injury lawyer professionals and Massachusetts auto accident attorney specialists are available 24/7 to answer your questions and help you pursue personal injury damages for your Massachusetts personal injuries.

Call our Boston, MA law firm today at 617-787-3700 or email our expert Boston, Massachusetts law office at We can help you!

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