INSURANCE BAD FAITH DEMAND LETTER – MASSACHUSETTS

DEMAND UNDER M.G.L. c. 93A, § 9

To: [Insurance Company Name, Claims Department Address]
From: [Insured/Claimant Name, via Counsel if applicable]
Date: [DATE]
Claim Number: [CLAIM NUMBER]
Policy Number: [POLICY NUMBER]
Insured: [INSURED NAME]
Date of Loss: [DATE OF LOSS]
Claim Type: [First-Party / UM-UIM / Property]

1. STATUTORY DEMAND NOTICE

This letter constitutes a demand under M.G.L. c. 93A, § 9(3). You have 30 days to make a reasonable settlement offer or face liability for double or treble damages.

2. FACTUAL BACKGROUND

• Date of Loss: [DATE] — [describe loss]
• Coverage: [$LIMITS]
• Status: [Unpaid / Underpaid / Denied]

3. LEGAL BASIS – MASSACHUSETTS BAD FAITH

Unfair Settlement Practices (M.G.L. c. 176D, § 3(9))

Massachusetts law prohibits unfair claim settlement practices, including:
- Misrepresenting policy provisions;
- Failing to acknowledge claims promptly;
- Failing to affirm or deny coverage within reasonable time;
- Failing to effectuate prompt, fair settlement when liability is clear;
- Compelling insureds to institute litigation by offering substantially less than amounts due.

Chapter 93A Remedies (M.G.L. c. 93A)

A violation of c. 176D is an unfair trade practice under c. 93A. Remedies include:
- Actual damages (at minimum);
- Double damages if violation is willful;
- Treble damages if violation is knowing;
- Attorney's fees and costs.

4. DAMAGES DEMANDED

• Policy benefits: [$AMOUNT]
• Consequential damages: [$AMOUNT]
• TOTAL: [$TOTAL]

5. THIRTY-DAY DEMAND

Per M.G.L. c. 93A, § 9(3), you have 30 days from receipt to make a reasonable written settlement offer.

Failure to do so will result in litigation seeking double or treble damages plus attorney's fees.

Deadline: [DATE – 30 days from receipt]

Signed:
[Name / Attorney]
[Contact Information]

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED