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RIVERA v. COMMERCE INSURANCE COMPANY

No. 12-P-483.

84 Mass. App. Ct. 146 (2013)

EFRAIN MARTINEZ RIVERA & another v. COMMERCE INSURANCE COMPANY & others.

Appeals Court of Massachusetts, Hampden.

August 16, 2013.

Attorney(s) appearing for the Case

Robert A. DiTusa for the plaintiffs.

John F. Hurley, Jr., for Commerce Insurance Company.

Present: CYPHER, BROWN, & COHEN, JJ.

BROWN, J.

This appeal concerns the proper measure of damages for loss of use in an unfair claim settlement practices case. The litigation began as a tort action that settled on the eve of trial in May, 2008, for the full policy limits of $1 million. After a bench trial of the G. L. c. 93A and c. 176D claims in March, 2010, a judge found that Commerce Insurance Company (Commerce) had failed to conduct a reasonable...

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