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GORE v. ARBELLA MUTUAL INSURANCE COMPANY

No. 09-P-56.

77 Mass. App. Ct. 518 (2010)

LINDA GORE, administratrix, v. ARBELLA MUTUAL INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

August 30, 2010.

Attorney(s) appearing for the Case

John R. Hitt for the defendant.

Joseph P. Musacchio for the plaintiff.

Present: KATZMANN, GRAINGER, & FECTEAU, JJ.

KATZMANN, J.

Following a bench trial, a Superior Court judge found that the defendant, Arbella Mutual Insurance Company (Arbella) had committed unfair insurance practices both against the plaintiff, Angelina Dattilo, and its insured, Anthony Caban. The judge awarded Dattilo damages under G. L. c. 93A and G. L. c. 176D, both directly, as a (third-party) claimant, and as an assignee of Caban's rights against Arbella. Arbella now appeals. Dattilo cross-appeals, claiming...

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