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RHODES v. AIG DOMESTIC CLAIMS, INC.

SJC-10911.

461 Mass. 486 (2012)

MARCIA RHODES & others v. AIG DOMESTIC CLAIMS, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

October 6, 2011.

Attorney(s) appearing for the Case

Margaret M. Pinkham & M. Frederick Pritzker (Daniel J. Brown with them) for the plaintiffs.

John P. Ryan (Anthony R. Zelle with him) for AIG Domestic Claims, Inc., & another.

Linda L. Morkan, of Connecticut (Gregory P. Varga with her) for Zurich American Insurance Company.

Michael F. Aylward & Richard R. Eurich, for American Insurance Association, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, & BOTSFORD, JJ.

BOTSFORD, J.

The issues in this appeal relate to insurance claims settlement practices of a primary and an excess insurance carrier. Marcia Rhodes3 received catastrophic injuries including permanent paraplegia when a tractor trailer hit the rear end of her car in January of 2002. She; her husband, Harold; and her daughter, Rebecca (collectively, plaintiffs or family) brought a tort action against, among others, the truck driver, his employer...

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