Federal Insurance Co v. HPSC, Inc.

Filing 920070315

Opinion

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var gAgent = navigator.userAgent.toLowerCase() var gWindows = ( (gAgent.indexOf( "win" ) != -1 ) || ( gAgent.indexOf( "16bit" ) != -1 ) ) var gIE = ( gAgent.indexOf( "msie" ) != -1 ) var bInlineFloats = ( gWindows && gIE && ( parseInt( navigator.appVersion ) >= 4 ) ) var floatwnd = 0 var WPFootnote1 = 'Of the District of Rhode Island, sitting by designation.\ ' var WPFootnote2 = 'The conversation between the parties\' attorneys was memorialized\ in a letter dated February 6, 2003.\ ' var WPFootnote3 = 'Outside auditors had alerted HPSC to Morrison\'s unsegregated\ duties on March 27, 2001 -- more than two weeks before HPSC filed\ the renewal application.\ ' var WPFootnote4 = 'While it is true that the failure to move for a new trial\ precludes our review of sufficiency of the evidence and\ inconsistent verdict claims, see Unitherm Food Sys., 126 S. Ct. at\ 986; Torres-Arroyo v. Rullán, 436 F.3d 1, 7 (1st Cir. 2006), it\ does not affect our review of a district court\'s decision to admit\ or exclude evidence over a party\'s properly preserved objection,\ see Torres-Arroyo, 436 F.3d at 7 (deciding the challenged\ evidentiary issue despite the appellant\'s failure to file a motion\ for a new trial). Rather, if we determine that the district court\ erred in admitting evidence, the appropriate remedy would be a new\ trial. See Sec\'y of Labor v. DeSisto, 929 F.2d 789, 796 (1st Cir.\ 1991). Thus, HPSC\'s theory that failure to file a motion for a new\ trial precludes our review of an evidentiary ruling is flawed.\ ' var WPFootnote5 = 'Federal\'s fundamental argument on appeal is that the district\ court applied the wrong standard in the case. However, Federal did\ not object to the trial court\'s instructions to the jury, nor did\ it preserve its right to appeal the court\'s denial of judgment as\ a matter of law. Our only inquiry, therefore, is whether the\ evidence in question is relevant to the objective materiality of\ HPSC\'s misrepresentation.\ ' var WPFootnote6 = 'Mass. Gen. Laws ch. 176D, § 3(9) states in relevant part: \ \               The following are hereby defined as unfair methods of\ competition and unfair or deceptive acts or practices in\ the business of insurance:--\               . . .\               (9) Unfair claim settlement practices: An unfair claim\ settlement practice shall consist of any of the following\ acts or omissions:\               . . .\               (d) Refusing to pay claims without conducting a\ reasonable investigation based upon all available\ information;\               . . .\               (f) Failing to effectuate prompt, fair and equitable\ settlements of claims in which liability has become\ reasonably clear . . . .\ ' var WPFootnote7 = 'There may be additional requirements for liability to attach,\ such as the requirement that a claimant suffer a loss of money or\ property, Mass. Gen. Laws ch. 93A, § 11, and that the unfair or\ deceptive conduct "occurred primarily and substantially within the\ commonwealth," id.; Kuwaiti Danish Computer Co. v. Digital Equip.\ Corp., 781 N.E.2d 787, 799-800 (Mass. 2003), but none of those\ requirements are at issue here.\ ' var WPFootnote8 = 'Federal also challenges the district court\'s factual findings\ underlying these conclusions. There is ample support in the\ record, however, to support the judge\'s conclusion that MacKay\ misread the PwC report and that her mistaken perception was shared\ by her superiors.\ ' var WPFootnote9 = 'February 6, 2003, was the date of the letter memorializing\ HPSC\'s revelation that MacKay had misread the PwC report and that\ Federal\'s assumption that Morrison had reconciled statements and\ wrote checks on all sixteen ACFC accounts was flawed.\ ' function WPShow( WPid, WPtext ) { if( bInlineFloats ) eval( "document.all." + WPid + ".style.visibility = 'visible'" ); else { if( floatwnd == 0 || floatwnd.closed ) floatwnd = window.open( "", "comment", "toolbars=0,width=600,height=200,resizable=1,scrollbars=1,dependent=1" ); floatwnd.document.open( "text/html", "replace" ); floatwnd.document.write( "\r\n" ); floatwnd.document.write( " p { margin-top:0px; margin-bottom:1px; } \r\n" ); floatwnd.document.write( "\r\n" ); floatwnd.document.write( WPtext ); floatwnd.document.write( 'Close'); floatwnd.document.write( "

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