BOEHM v. COMMERCE INSURANCE COMPANY


2003 Mass. App. Div. 39 (2003)

Ian J. Boehm, D.C. v. Commerce Insurance Company

Massachusetts Appellate Division, Northern District.

March 11, 2003.


Attorney(s) appearing for the Case

Francis A. Gaimari for the plaintiff.

John A. Girouard for the defendant.

Present: Merrick, P.J., Greco & Wright, JJ.


Wright, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal by the plaintiff of the Mass. R. Civ. P., Rule 12(b)(6), dismissal of his amended complaint which sought G.L.c. 93A damages for the defendant's alleged unfair claim settlement practices in violation of G.L.c. 176D.

The origin of the parties' dispute was an automobile accident on February 4, 1999. Jose Lopez ("Lopez") sustained injuries in that accident while riding as a passenger in a vehicle...

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