Silva v. Steadfast Insurance Company (Lawyers Weekly No. 11-097-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 14-P-987 Appeals Court GARY P. SILVA vs. STEADFAST INSURANCE COMPANY. No. 14-P-987. Hampden. March 5, 2015. – August 7, 2015. Present: Cypher, Kafker, & Green, JJ. Practice, Civil, Summary judgment. Insurance, Unfair act or practice, Settlement of claim. Consumer Protection Act, Insurance, Offer of settlement, Unfair act or practice, Consumer, Businessman’s claim. Civil action commenced in the Superior Court Department on November 14, 2012. The case was heard by Constance M. Sweeney, J., on motions for summary judgment. Mark J. Albano for the plaintiff. Timothy O. Egan for the defendant. KAFKER, J. Gary P. Silva appeals from the entry of summary judgment in favor of Steadfast Insurance Company (Steadfast). In his complaint, Silva claimed that Steadfast violated G. L. c. 176D, § 3(9), and G. L. c. 93A, §§ 2 and 11, by failing to effectuate a prompt, fair, and equitable settlement of earlier litigation arising out of damage to Silva’s business caused by a botched demolition project by Associated Building Wreckers, Inc. (Associated), a company insured by Steadfast. Silva maintains that Steadfast should have made a settlement offer after judgment entered in the earlier litigation even though (1) Silva was appealing multiple aspects of that judgment and seeking to expand the scope of both liability and damages, and (2) postjudgment motions by both Silva and Steadfast to recalculate the amount of damages were ultimately allowed. We affirm. Background. The city of Holyoke hired Associated to demolish an abandoned building that was adjacent to Silva’s property, on which Silva operated his auto body and repair business, S&L Automotive. During demolition, which took place on January 19, 2006, the building collapsed onto Silva’s property and severely damaged his business. Steadfast was Associated’s liability insurer at the time. On December 29, 2006, Silva brought suit in Superior Court against Associated seeking, among other things, damages for his business and property and for personal injuries.[1] At the close of Silva’s evidence in that trial, the judge directed a verdict for Associated on Silva’s nuisance, strict liability, and G. L. c. 93A claims. At the conclusion of the trial on June 21, 2010, the judge awarded Silva $ 366,607.36 on his first breach of contract claim,[2] including damages for building repair, removal, and demolition costs, along with $ 10,000 for personal property damage. The judge ruled in favor of Associated on Silva’s claims for […]