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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
Client Reviews
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5.0/5.0Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.
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5.0/5.0
I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...
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5.0/5.0
Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.
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5.0/5.0
Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...
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5.0/5.0
Colleen was excellent to work with- great communication from start to finish. Highly recommend!
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