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BERTASSI v. ALLSTATE INS. CO.

402 Mass. 366 (1988)

522 N.E.2d 949

RICHARD C. BERTASSI vs. ALLSTATE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

May 13, 1988.

Attorney(s) appearing for the Case

William G. White (Kevin D. Withers with him) for the defendant.

Eugene J. Mulcahy (Ronald S. Smith with him) for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

The plaintiff seeks contract damages and damages under G.L.c. 93A, § 9 (1986 ed.), claiming that the defendant, Allstate Insurance Company (Allstate), unfairly and in bad faith refused to make payments to the plaintiff as required by the underinsured motorist provisions of two policies of automobile insurance issued by Allstate to the plaintiff. The case was tried before a judge without a jury on a statement of agreed facts. The judge concluded that...

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