SDL Transportation, Inc. v. Acadia Insurance Company, Docket No. S0528-12 CnC (Aug. 19, 2013).
Following an accident involving a commercial car carrier, SDL Transportation, Inc. filed suit against its insurer, Acadia Insurance Company, alleging that Acadia breached the contract of insurance, engaged in bad faith, and committed consumer fraud by not totaling the tractor portion of the tractor trailer in adjusting the claim. The firm, representing Acadia, obtained summary judgment on SDL’s bad faith and consumer fraud claims, reasoning that Acadia had a reasonable basis for adjusting the claim as it did, and did not “recklessly disregard” anything. With regard to the consumer fraud claim, Judge Crawford ruled that the 1985 amendments to the Consumer Fraud Act did not expand the Act’s coverage to apply to cover the sale of insurance policies. Thomas M. Higgins led the defense of this matter.