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Plaintiff lawyers often lament how the Supreme Judicial Court has authored opinions that restrict the rights of plaintiff litigants. But, in truth, there have been many instances where the court has been sensitive to the rights of victims. One such case is Rhodes v. AIG Domestic Claims Inc. 461 Mass. 486 (2012) which gave liberal meaning to Massachusetts General Law chapter 93A, the Consumer Protection Act. That act is applicable to insurers under Massachusetts General Law chapter 176D and requires them to act in a fair and reasonable way with first and third party claimants. Insurers are expected to settle claims promptly where liability has become reasonably clear. The calculation of damages was greatly enhanced by the Rhodes decision.
In my practice, I have found that chapter 93A and chapter 176D have been very effective tools in facilitating a faster resolution. That is logical because of the implications on a party who is in violation of those statutes. 93A is a tool used for everything from disputes on commercial transactions to disputes involving professionals. Retailers and professionals are held to the standard expected in the statute. We have had this law on the books since 1979 and it is one of the first consumer protection statutes that authorized significant penalties (double or treble damages and attorney’s fees). It is not a paper tiger.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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5.0/5.0
Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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5.0/5.0
I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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