Phoenix Home Life Mutual Insurance v. Brown

In this action, Phoenix Home Life Mutual Insurance Company (“Phoenix”), sued to obtain a declaratory judgment to determine the proper beneficiaries of insurance company proceeds, and Esther R. Brown, the insurer’s widow, filed a counterclaim against Phoenix, asserting that Phoenix’s refusal to pay the insurance proceeds to the Kenneth R. Brown Irrevocable Trust constituted a “willful and knowing” violation of M.G.L.c. 176D and c. 93A. On August 14, 1995, this Court (Graham, J.), allowed defendant’s motion for summary judgment on Court I of the counterclaim, holding that Mr. Brown, before his…