Gangi v. Hall

Review is sought of the action of the trial court allowing a motion to dismiss filed by the defendant pursuant to Dist./Mun. Cts. R. Civ. P., Rule 12(b)(6).1 Such a motion rests upon the contention that the complaint fails to state a cause of action upon which relief can be granted. We conclude that the trial judge did not apply the correct légal standard and that his action must be reversed.

The complaint, as summarized in the report, indicates that the action was brought under G.L.c. 93A, §9, seeking damages for an insurer’s alleged unfair claim settlement practices as defined in G.L.c. 176D.