UNFAIR CLAIMS SETTLEMENT PRACTICE ACTIONABLE UNFAIR OR DECEPTIVE ACT, PRACTICE?

There is a question which many courts are addressing concerning whether and when an Unfair Claims Settlement Practice is actionable as an Unfair or Deceptive Act or Practice.

Given this judicial debate, it is worth noting when an Unfair Claim Settlement Practice Act violation has been held to be the equivalent of an Unfair or Deceptive Act or Practice for purposes of a Consumer Protection Statute.  See McGilloway v. Safety Ins. Co., 488 Mass. 610, 618, 174 N.E.3d 1191, 1199 (Mass. 2021).

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