As seasoned Boston car accident lawyers, we often deal with insurance companies on behalf of our clients. As a result, we are familiar with the tactics that they use and the fact that they do not always have your best interests in mind. If you suffered injuries in a car accident and are dealing with an insurance company or multiple insurers, we are standing by and ready to assist you with seeking the compensation that you deserve.A Massachusetts appellate court recently issued a decision in a claim in which the insureds alleged that special circumstances existed that required an insurance company to recommend that the plaintiffs purchase underinsured motorist coverage. The plaintiffs had brought a lawsuit against the insurer, and the insurer filed a motion for summary judgment in the claim, which the lower court granted.
In general, Massachusetts law states that an insurer does not have a duty to make recommendations about insurance coverage or to provide guarantees that a policy is adequate for the insurer’s needs. An insured can overcome this standard by showing that a special circumstance existed that created a duty between the insurer and the insured. This involves presenting evidence of specific representations or assertions regarding the sufficiency of the coverage provided in addition to evidence showing that the insured relied on those representations or assertions.