Appeals court hears dispute over insurer’s investigation and delay after 2016 motorcycle crash

An appellate panel heard oral argument in Gerald Leahy v. Courtney Tyler over whether Progressive’s handling of a 2016 motorcycle-injury claim violated duties on insurers to investigate and make a prompt, fair settlement offer, counsel said; the court took the case under advisement.

Appellant’s attorney Albert Grady said the motorcycle wreck occurred Aug. 29, 2016, Progressive conceded fault for the crash, and the dispute centers on causation and whether Progressive conducted a timely, reasonable investigation under Massachusetts law. Grady told the panel the carrier initially set reserves at about $5,000, received a demand package in October 2017 that included roughly $10,500 in medical bills, and within two weeks “moved their reserves … up to $25,000.” He said Progressive did not make a settlement offer until August (the first offer was $4,137, according to the record) and paid the claimant $25,000 only after counsel-signed medical releases in…