Klein v. Fireman's Fund Insurance

*296INTRODUCTION

This is an insurance coverage case. On August 2, 1994, plaintiff filed an amended complaint against defendant arising from a motor vehicle accident. Plaintiff alleges breach of the insurance contract, negligence, unfair claim settlement practices under G.L.c. 176D, §3(9), and unfair and deceptive trade practice under G.L.c. 93A, §§2 & 9. On November 8, 1994, plaintiff, as assignee of the rights of Ellingwood Construction Company (“Ellingwood”), filed a complaint against defendant alleging the above claims as well as fraud and violations of chapter 93A, §11. Plaintiff and defendant…