Dorchester Mutual Insurance v. Legeyt

Garsh, E. Susan, J.

Dorchester Mutual Insurance Company (“Dorchester”), the plaintiff, moves for summary judgment on the counterclaims asserted by Erik Green (“Green”), one of the defendants. The counterclaims seek a declaratory judgment that Dorchester had a duty to defend and indemnify Damon Legeyt, a *263co-defendant, and that Dorchester violated chapters 93A and 176D by not promptly responding to and settling Green’s claim. For the reasons that follow, Dorchester’s motion for summary judgment is DENIED.

BACKGROUND

The record, viewed in the light most favorable to Green, the party opposing the…