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CLEGG v. BUTLER

424 Mass. 413 (1997)

JAMES A. CLEGG & another v. JEFF L. BUTLER & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 12, 1997.

Attorney(s) appearing for the Case

John G. Ryan (Stimpson B. Hubbard with him) for Utica Mutual Insurance Company.

David W. White-Lief (Marc L. Break stone with him) for the plaintiffs.

Thomas R. Murphy & James T. Scamby, for Louis C. Butler & another, were present but did not argue.

The following submitted briefs for amici curiae:

Edward T. Hinchey & Miles W. McDonough for Amica Mutual Insurance Company & another.

Frederic N. Halstrom & John J. St. Andre, Jr., for Massachusetts Academy of Trial Attorneys.

Erik Lund & Jeffrey S. Brody for New England Insurance Company.

Present: WILKINS, C.J., O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

FRIED, J.

These cross appeals in this case arise from a claim brought by the plaintiffs against the defendant insurer, Utica Mutual Insurance Company (Utica), alleging unfair settlement practices in violation of G. L. c. 176D, § 3 (9) (f), and seeking damages under G. L. c. 93A, § 9 (3).3 Finding Utica liable on this count, the judge awarded the plaintiff James A. Clegg treble damages based on a settlement reached with...

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