Ramos, et al. v. International Fidelity Insurance Company (Lawyers Weekly No. 11-073-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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 13-P-1305 Appeals Court JESSICA RAMOS & others[1] vs. INTERNATIONAL FIDELITY INSURANCE COMPANY (and two companion cases[2]). No. 13-P-1305. Hampden. September 8, 2014. – July 9, 2015. Present: Trainor, Rubin, & Sullivan, JJ. Bail. Consumer Protection Act, Unfair or deceptive act, Vicarious liability, Surety. Agency, Agent’s contract, Liability of agent, Scope of authority or employment. Contract, Performance and breach, Surety, Damages. Judgment, Interest. Damages, Breach of contract, Interest. Interest. Practice, Civil, Summary judgment, Interest. Surety. Civil actions commenced in the Superior Court Department on September 2, 2010, November 17, 2010, and January 3, 2011. After consolidation, the cases were heard by Richard J. Carey, J., on motions for summary judgment, and the entry of judgment was directed by Constance M. Sweeney, J. Peter A. Slepchuk (Peter Slepchuk, Jr., with him) for the plaintiffs. Thomas F. McGuire & Michael J. Serduck for the defendant. RUBIN, J. The plaintiffs commenced these actions against the defendant, International Fidelity Insurance Company (IFIC), to recover cash collateral and certain bail bond insurance premiums collected from each of them by IFIC’s agent William Fiore, who is now deceased. On cross motions for summary judgment, the motion judge allowed the plaintiffs’ motions on their counts alleging breach of contract, and also allowed IFIC’s motions on the counts alleging a violation of G. L. c. 93A. The plaintiffs, with the exception of Ashley M. Keyes, appeal from the dismissal of their 93A claims, and the defendant appeals from the allowance of the plaintiffs’ motions on the breach of contract claims. The defendant also appeals from the calculation of prejudgment interest. Background. William Fiore worked as a bail bondsman in Hampden and Berkshire Counties. It is undisputed that Fiore acted as an agent for IFIC, a New Jersey corporation. IFIC is a successor to Atlas Bonding Agency with whom Fiore had an “Agency Contract.” While that agreement was in effect, Fiore was authorized to act as Atlas’s — and then IFIC’s — agent for the soliciting and writing of bail bonds. Fiore had been approved and registered by the Administrator of Bail as a professional bondsman for the Commonwealth of Massachusetts and was authorized to act as an agent for the defendant. That approval and registration were in effect at all times relevant to this case. Fiore was supplied by IFIC with powers […]