COMMONWEALTH OF MASSACHUSETTS
[COUNTY] SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT
CIVIL ACTION NO. _______
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT INSURANCE COMPANY FULL LEGAL NAME],
Defendant.
COMPLAINT AND JURY DEMAND
(Bad-Faith Insurance Practices – Breach of Contract – M.G.L. ch. 176D – M.G.L. ch. 93A)
[// GUIDANCE: This template assumes a first-party property loss, but it can be adapted for third-party liability or other coverages by revising the factual allegations and counts.]
TABLE OF CONTENTS
- Document Header & Caption
- Parties, Jurisdiction, and Venue
- Definitions
- Factual Allegations
- Causes of Action
- Count I – Breach of Contract
- Count II – Violation of M.G.L. ch. 176D § 3(9)
- Count III – Violation of M.G.L. ch. 93A §§ 2 & 9/11
- Count IV – Breach of Covenant of Good Faith & Fair Dealing (Common Law) - Prayer for Relief
- Jury Demand
- Certification of Compliance with Rule 9A & Service
- Verification & Signature Blocks
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is, and at all relevant times was, a resident of [CITY/TOWN], [COUNTY] County, Massachusetts.
1.2 Defendant [DEFENDANT INSURANCE COMPANY NAME] (“Defendant” or “Insurer”) is an insurance company duly organized under the laws of [STATE OF INCORPORATION] with its principal place of business at [ADDRESS], and is authorized to transact and does transact insurance business in the Commonwealth of Massachusetts.
1.3 Jurisdiction is proper under Mass. Gen. Laws ch. 212, § 3 because the amount in controversy exceeds $50,000 exclusive of interest and costs.
1.4 Venue is proper in this Court pursuant to Mass. Gen. Laws ch. 223, §§ 1 & 12 because a substantial part of the events giving rise to Plaintiff’s claims occurred in [COUNTY] County and because Defendant does business here.
2. DEFINITIONS
For purposes of this Complaint, the following capitalized terms have the meanings set forth below:
“Policy” – Homeowners Insurance Policy No. [POLICY NUMBER] issued by Defendant to Plaintiff, effective [EFFECTIVE DATE] through [EXPIRATION DATE].
“Covered Loss” – The direct physical loss or damage to Plaintiff’s insured property located at [PROPERTY ADDRESS] on [DATE OF LOSS], including all resulting costs of repair, remediation, and additional living expenses.
“Claim” – Plaintiff’s first-party insurance claim designated Claim No. [CLAIM NUMBER] and submitted to Defendant on [DATE SUBMITTED] seeking benefits for the Covered Loss.
“Statutes” – (i) Mass. Gen. Laws ch. 176D, § 3(9); and (ii) Mass. Gen. Laws ch. 93A, §§ 2, 9 & 11 (2023).
[// GUIDANCE: Keep definitions alphabetical and cross-reference them consistently throughout.]
3. FACTUAL ALLEGATIONS
3.1 Plaintiff realleges and incorporates by reference all preceding paragraphs as though fully set forth herein.
A. The Policy
3.2 Defendant issued the Policy to Plaintiff in consideration of premiums paid.
3.3 The Policy provides coverage, subject to its terms and limits, for direct physical loss to the insured property and for additional living expenses incurred due to a covered peril.
B. The Covered Loss
3.4 On [DATE OF LOSS], Plaintiff’s property sustained the Covered Loss as a direct result of [PERIL – e.g., FIRE/WATER DAMAGE/WIND/HAIL].
3.5 Plaintiff promptly notified Defendant of the Covered Loss, mitigated damages, and complied with all conditions precedent under the Policy.
C. Defendant’s Claim Handling and Denial
3.6 Defendant acknowledged receipt of the Claim on [DATE] but failed to conduct a reasonably prompt and thorough investigation, including failing to:
a. timely inspect the damaged property;
b. communicate relevant claim information; and
c. provide a reasonable written explanation of coverage determinations.
3.7 On [DATE], Defendant improperly denied and/or underpaid the Claim, asserting [SUMMARY OF BASIS GIVEN], despite clear evidence that the loss was fully covered.
3.8 Defendant’s conduct violates the Statutes and constitutes bad faith, including—without limitation—engaging in unfair claim-settlement practices enumerated in ch. 176D § 3(9)(b), (d), (f), and (n).
D. Statutory Demand Letter
3.9 Pursuant to ch. 93A § 9(3) (for consumers) or § 11 (for businesses), Plaintiff served Defendant with a written thirty-day demand letter on [DEMAND LETTER DATE], detailing the unfair and deceptive acts and demanding fair settlement. Defendant failed to tender a reasonable offer within the statutory period.
4. CAUSES OF ACTION
COUNT I – BREACH OF CONTRACT
4.1 Plaintiff incorporates all preceding paragraphs.
4.2 The Policy is a valid and enforceable contract.
4.3 Defendant breached the Policy by failing to pay all amounts due for the Covered Loss.
4.4 As a direct and proximate result, Plaintiff has suffered damages in an amount to be proven at trial, including but not limited to repair costs, additional living expenses, consequential damages, interest, and costs.
COUNT II – VIOLATION OF MASS. GEN. LAWS ch. 176D § 3(9)
4.5 Defendant, an insurer engaged in the business of insurance, knowingly and in bad faith violated ch. 176D § 3(9) by, inter alia:
a. misrepresenting pertinent facts or policy provisions;
b. failing to effectuate prompt, fair, and equitable settlement of a claim in which liability was reasonably clear;
c. compelling Plaintiff to institute litigation to recover amounts due under the Policy; and
d. refusing to pay claims without conducting a reasonable investigation.
4.6 Plaintiff has been damaged thereby.
COUNT III – VIOLATION OF MASS. GEN. LAWS ch. 93A §§ 2 & 9/11
4.7 Defendant’s violations of ch. 176D constitute per se unfair and deceptive acts under ch. 93A.
4.8 Defendant’s conduct was willful or knowing, entitling Plaintiff to multiple damages of up to three times actual damages and reasonable attorneys’ fees and costs.
4.9 Plaintiff satisfied all statutory prerequisites by serving the thirty-day demand letter referenced above.
COUNT IV – BREACH OF THE COVENANT OF GOOD FAITH & FAIR DEALING
4.10 Every contract in Massachusetts contains an implied covenant of good faith and fair dealing.
4.11 Defendant violated this covenant by acting unreasonably and with improper motive in processing and denying the Claim.
4.12 Plaintiff suffered damages thereby.
5. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant, awarding:
a. Compensatory damages in an amount to be determined at trial;
b. Treble damages pursuant to ch. 93A §§ 9 or 11;
c. Reasonable attorneys’ fees and costs pursuant to ch. 93A;
d. Statutory interest under Mass. Gen. Laws ch. 231, § 6C;
e. Declaratory and injunctive relief compelling Defendant to pay all Policy benefits due; and
f. Such other and further relief as the Court deems just and proper.
6. JURY DEMAND
Plaintiff demands trial by jury on all issues so triable as of right.
7. CERTIFICATION OF COMPLIANCE WITH MASS. R. CIV. P. 9A & SERVICE
I hereby certify that this document complies with the formatting requirements of Mass. R. Civ. P. 9A(b)(5) and that a true and correct copy was served on counsel for Defendant via [METHOD OF SERVICE] on [DATE].
8. VERIFICATION
I, [PLAINTIFF NAME], state under the pains and penalties of perjury that I have read the foregoing Complaint and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.
Date: __ _____
[PLAINTIFF NAME]
9. SIGNATURE BLOCK
Respectfully submitted,
[PLAINTIFF NAME]
By counsel,
[ATTORNEY NAME] (BBO #____)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
- Insert the correct county in the caption (e.g., “Suffolk”).
- Attach a Civil Action Cover Sheet per Superior Court Rule 20.
- If the plaintiff is a business entity, use ch. 93A § 11 and allege “trade or commerce.”
- Serve the complaint after confirming that at least 30 days have elapsed since the § 9/11 demand letter.
- Consider adding a separate count for declaratory judgment under Mass. R. Civ. P. 57 if helpful.
- Review policy language for any contractual limitations period or appraisal clause and plead tolling as necessary.
]