Foreign Car Center, Inc. v. Arbella Mutual Insurance

Greco, EJ.

Foreign Car Center, Inc. (“Foreign Car”) brought this action against three insurance companies, Royal Insurance Company (“Royal”), Arbella Mutual Insurance Company (“Arbella”), and Westport Insurance Corporation (‘Westport”), to recover damages for their alleged unfair settlement practices under G.Lc. 176D, §3(9) in violation of G.L.c. 93A. Foreign Car has appealed the dismissal of this action for failure to prosecute pursuant to Mass. R. Civ. R, Rule 41(b) (2).

This saga began in 1993 when Warren Five Cents Savings Bank, which was insured by Royal, recovered a judgment against…