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Plaintiff lawyers often lament how the Supreme Judicial Court has authored opinions that restrict the rights of plaintiff litigants. But, in truth, there have been many instances where the court has been sensitive to the rights of victims. One such case is Rhodes v. AIG Domestic Claims Inc. 461 Mass. 486 (2012) which gave liberal meaning to Massachusetts General Law chapter 93A, the Consumer Protection Act. That act is applicable to insurers under Massachusetts General Law chapter 176D and requires them to act in a fair and reasonable way with first and third party claimants. Insurers are expected to settle claims promptly where liability has become reasonably clear. The calculation of damages was greatly enhanced by the Rhodes decision.
In my practice, I have found that chapter 93A and chapter 176D have been very effective tools in facilitating a faster resolution. That is logical because of the implications on a party who is in violation of those statutes. 93A is a tool used for everything from disputes on commercial transactions to disputes involving professionals. Retailers and professionals are held to the standard expected in the statute. We have had this law on the books since 1979 and it is one of the first consumer protection statutes that authorized significant penalties (double or treble damages and attorney’s fees). It is not a paper tiger.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0I just wanted to drop a quick note to say thank you to Santora Colleen for securing such a great outcome on my wife case. We really appreciate all your hard work, the way you handled the negotiations, and how you kept us informed every step of the wa...
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Colleen has been incredibly thoughtful, supportive, and professional throughout every step of our case. She guided us carefully through the process, always taking the time to answer our questions and ensure we understood our options. She consistently...
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I had the pleasure of working with Attorney Colleen Santora after I was involved in a car accident. She was very attentive, professional, and courteous throughout our entire case involvement. I appreciate everything she did to help me. She is wonderf...
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I was in a terrible car accident. I was referred to Colleen by a friend. She is amazing! Answered my every call, text and fought for me. Being a hairdresser for 40yrs it was horrible trying to cut hair with a broken hand, but in the end Colleen got m...
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Colleen Santora is an outstanding attorney. I reached out to her after I was hit by a car as a pedestrian and she walked me through every step of the process with clarity and patience. She’s a fantastic communicator, extremely responsive and alway...
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