In this matter the client, the Plaintiff, alleged that his car had been stolen and involved in an accident on New Years day. The insurance company denied my client’s claim because when the motor vehicle was recovered the ignition had not been defeated nor were there any other signs of theft. My client initially gave a recorded statement in which he indicated that he did not know who took the vehicle but months later during an examination under oath (EUO) he revealed to the investigator that he had learned that his friend had taken the vehicle but that it was without his permission. The claim was eventually denied and the Plaintiff brought an action for breach of contract and a violation of M.G.L. c.176D. The defendant counterclaimed and alleged fraud, deceit, civil conspiracy and a violation of good faith and fair dealings. The operator of the vehicle was deposed in state prison at MCI Shirley and a writ of habeus corpus was issued for his presence at trial. Both sides waived their right to a jury trial when the case was called for trial. The case centered on insurance contract terms such as “customary operator”, “cooperation” and “theft.” The Defendant received a Judgment on both counts of the Plaintiff’s claim and the PLAINTIFF RECEIVED A JUDGMENT on all four counts of the Defendants counterclaim.
