Rebecca L. Konsvick, et al. v. Plymouth Rock Assurance Corporation

Boston, Massachusetts insurance law lawyer represented the Plaintiff on a bad faith breach of insurance contract theory.



This case presents a dispute regarding the interpretation of the Massachusetts Standard Automobile Policy (the "Standard Policy” or "Policy”) as applied by the Defendant, Plymouth Rock Assurance Corporation ("Plymouth Rock” or the "Defendant”). The Plaintiffs, Rebecca Konsevick and Colleen Bartini, on behalf of themselves and others similarly situated, seek declaratory relief and bring claims for breach of contract and violation of G.L. c. 93A and G.L. c. 176D. The Plaintiffs' claims arise out of Plymouth Rock's failure to consider the costs of title, registration, and inspection when it determined the "actual cash value” of their vehicles when it indemnified them for an insured loss. Presented for decision is the Defendant's Motion to Dismiss the First Amended Complaint pursuant to Mass. R. Civ. P. 12(b)(6).

Motion granted.