Argument: September 2010

Keywords: Consumer Protection - Insurance - Statute of Limitations

Question Presented: Whether a government consumer protection action “accrues” when the violation occurs, or when the government has reason to know of it.

Facts: Anawan Insurance Agency paid commissions to a broker from 1997 to 2001, even though the broker’s license had expired early in the relationship. The Massachusetts Division of Insurance discovered …

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Argument: September 2010

Keywords: Consumer Protection - Contract Law

Question Presented: Whether a plaintiff may recover under 93A for a violation that was not disclosed until after sending its demand letter, but prior to filing suit.

Facts: The plaintiffs were scheduled to take a cruise on September 16, 2001, with the defendant Norwegian Cruise Line. As a result of the September 11 attacks, they decided not to …

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Argument: September 2010

Keywords: Consumer Protection - Damages - Torts

Question Presented: Whether double or treble damages under c. 93A must be awarded individually against each defendant, or may be awarded jointly and severally.

Facts: The plaintiff was a tenant in the defendants’ apartment building. The two landlords (father and son) had made substantial modifications to the building without appropriate building permits and inspection. As …

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