Kapp v. Arbella Mutual Insurance

At issue is the proper measure of actual damages under G. L. c. 93A, § 9 (3). The case arises from a November, 1993, automobile accident that occurred when the defendant’s (Arbella’s) insured attempted to make a left turn across two *684lanes of oncoming traffic. The insured’s van collided with the plaintiff’s motorcycle, causing serious injury to the plaintiff. Arbella’s insured admitted he did not see the plaintiff’s vehicle prior to the collision. In September, 1994, the plaintiff sent Arbella a c. 93A demand letter for payment of the full $100,000 limit of the policy that Arbella had issued…