Gore v. Arbella Mutual Insurance

Following a bench trial, a Superior Court judge found that the defendant, Arbella Mutual Insurance Company (Arbella) had committed unfair insurance practices both against the plaintiff, Angelina Dattilo, and its insured, Anthony Caban. The judge awarded Dattilo damages under G. L. c. 93A and G. L. c. 176D, both directly, as a (third-party) claimant, and as an assignee of Caban’s rights against Arbella. Arbella now appeals. Dattilo cross-appeals, claiming error in the calculation of damages.

A. Background. We recite the facts from the judge’s findings and the uncontradicted evidence before him,…