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THALER v. THE AMERICAN INSURANCE CO.

No. 91-P-1092.

34 Mass. App. Ct. 639 (1993)

614 N.E.2d 1021

ERIC THALER vs. THE AMERICAN INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

June 22, 1993.

Attorney(s) appearing for the Case

Myles W. McDonough for the defendant.

John Foskett for the plaintiff.

Present: ARMSTRONG, BROWN, & PORADA, JJ.

PORADA, J.

The plaintiff filed suit in the Superior Court against the defendant (American) on the grounds that American had violated the provisions of G.L.c. 93A, § 9, in requiring that he execute a release of his claim against American's policyholder as a condition to receiving payment of the policy limits where his claim exceeded the policy limits and liability was not in question. The plaintiff moved for summary judgment. The Superior Court judge allowed the...

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