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Appeals court weighs whether negligent misrepresentation and withheld indemnity can trigger Chapter 93A damages
Summary
The panel heard competing views over whether a jury finding of negligent misrepresentation plus a later refusal to honor an indemnity can justify enhanced relief under G.L. c. 93A, with appellants urging ordinary contract damages and appellees pointing to credibility findings and alleged egregious conduct.
The Appeals Court heard argument in Allen Anttoall and another v. Cape Club of Sharon LLC (2024P1425), a dispute over whether a negligent misrepresentation and a later refusal to fulfill an indemnity clause can support Chapter 93A's enhanced damages and attorney fees.
Appellants’ counsel Robert Shaw said the jury found only negligent misrepresentation and that ordinary contract or tort damages would be the appropriate…
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