Roddy & McNulty Insurance Agency, Inc. v. A. A. Proctor & Co.

This lawsuit was brought in the Superior Court by the plaintiff (an insurance agency) alleging that the defendant (also an insurance agency) had committed a breach of contract and violated G. L. c. 93A by refusing to pay commissions on insurance business referred to the defendant by the plaintiff pursuant to the terms of an agreement signed by their respective principals on September 30, 1975. Prior to the commencement of trial before a jury, the judge, on his own motion, ordered the c. 93A claim “severed” from the contract claim and tried “jury waived.” A counterclaim by the defendant was…