Mercado v. Commerce Insurance

On January 12,2000, Lourdes Mercado (the “Plaintiff’) filed a complaint against The Commerce Insurance Company (the “Defendanf’) alleging breach of contract and violation of G.L.c. 93A and G.L.c. 176D. The complaint arose out of the Defendant’s denial of the Plaintiff’s'automobile theft claim for her 1995 Honda Accord under the automobile insurance policy issued by the Defendant. The Defendant filed an answer, and the matter went to trial on November 8, 2001.

At the close of the Plaintiff’s case, the Defendant made a motion to dismiss the matter pursuant to Mass. R. Civ. E, Rule 41(b) (2). The…