Day v. Kerkorian

The plaintiff, the beneficiary of a disability insurance policy issued by a predecessor of Massachusetts Mutual Life Insurance Company (insurer), prevailed in a prior proceeding (Day I) in the Superior Court on the insurer’s prayer for a declaratory judgment as to whether benefits were due under the policy. The plaintiff failed to recover in that case both on his counterclaim for breach of contract against the insurer and on his counterclaim that the insurer had committed unfair acts or practices in violation of G. L. c. 93A. Subsequently, the plaintiff commenced the present action (Day II)…