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Appeals court probes whether negligent misrepresentation plus refusal to pay supports Chapter 93A damage enhancement
Summary
In arguments over a land‑sale indemnity dispute, appellants say a jury’s negligent‑misrepresentation finding and later refusal to pay do not automatically amount to a willful, knowing Chapter 93A violation; opponents argue the trial judge properly found the conduct egregious and supported enhanced damages and attorney fees.
The Massachusetts Appeals Court examined whether a jury finding of negligent misrepresentation, coupled with a defendant’s later refusal to honor indemnification, supports treble damages and attorney’s fees under G.L. c. 93A.
Robert Shaw, representing 25 TO Holdings LLC and the Cape Club of Sharon LLC, told the panel the trial court erred in converting negligent misrepresentation into an actionable 93A violation. "A…
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