Sweetser v. United States Fidelity & Guaranty Co.

This is an action where the plaintiff is seeking recovery for property damage to her automobile against an insurer pursuant to G.L c. 90, § 340, and for unfair and deceptive settlement practices pursuant to G.L c. 93A, §§ 2 and 9, and c. 176D, § 83. The facts are that on December 22, 1987 the plaintiffs automobile was struck by another automobile. From that date until approximately Jan. 15,1988, the plaintiff sought recovery for the fair market value of the automobile, and the insurer offered the cost of repair arguing the car was not a total loss.

The case was tried with much of the evidence…