Akbarian v. Public Service Mutual Insurance

This is an action for the defendant’s breach of an insurance contract in denying the plaintiffs claim for the replacement cost of an apartment building roof damaged by ice and snow. After a jury verdict for the plaintiff, the defendant filed this Dist./Mun. Cts. R. A. D. A., Rule 8C appeal challenging both the sufficiency of the evidence to support the jury’s award of damages and the trial judge’s refusal to reduce that award by the amount of the plaintiff’s prior G.L.c. 231B, §4 settlement with third parties. The plaintiff cross-appealed on a charge of error in the trial judge’s denial of…