Rivera v. Commerce Insurance

This appeal concerns the proper measure of damages for loss of use in an unfair claim settlement practices case. *147The litigation began as a tort action that settled on the eve of trial in May, 2008, for the full policy limits of $1 million. After a bench trial of the G. L. c. 93A and c. 176D claims in March, 2010, a judge found that Commerce Insurance Company (Commerce) had failed to conduct a reasonable investigation and to effect a prompt, fair, and equitable settlement once liability was reasonably clear.4 Based on these violations, the judge, on amended findings, awarded the claimants,…