Skiffington v. Liberty Mutual Insurance Co.
Skiffington v. Liberty Mutual Insurance Co.
Opinion
*2
Following a motor vehicle accident, the plaintiff, a third-party claimant, received reimbursement from Liberty Mutual Insurance Company (Liberty Mutual) for the loss of her vehicle. She then sought additional payment for (1) costs arising from loss of use of her vehicle, even though she was unable to produce any documentation to Liberty Mutual that she had paid for
*432
substitute transportation, and (2) her title and registration fees and the residual value of her inspection sticker. When Liberty Mutual denied liability for these claims, the plaintiff brought this putative class action, seeking declaratory relief under G. L. c. 231A and damages for unfair claim settlement practices under G. L. c. 93A, § 9, and G. L. c. 176D, § 3(9). On Liberty Mutual's motion, a Superior Court judge dismissed the complaint in its entirety under Mass.R.Civ.P. 12(b)(6),
Background
. We accept the allegations of the amended complaint as true for purposes of this appeal. See
Goodwin
v.
Lee Pub. Schs.
,
The plaintiff then sent Liberty Mutual a demand letter under G. L. c. 93A, claiming that she was also entitled to payment for loss of use, title and registration fees, and the residual value of her inspection sticker. Liberty Mutual sent a letter in response detailing its rationale for denying the claims. Liberty Mutual also requested, on at least two occasions, that the plaintiff provide "documentary or other proof indicating that she actually incurred"
*3 costs relating to loss of use-such as receipts showing she rented a replacement vehicle or took public transportation. It is uncontested that the plaintiff never provided any such substantiation.
Discussion
. We review de novo the judge's allowance of Liberty Mutual's motion to dismiss under Mass.R.Civ.P. 12(b)(6). See
Goodwin
,
1.
Loss of use
. Despite failing to plead actual costs related to loss of use of her vehicle, the plaintiff contends that she is still entitled to some unspecified amount of damages because the standard policy provides coverage whether or not she actually incurred costs for substitute transportation. We disagree. To determine what damages are compensable under the standard policy, we must interpret the policy's words "in light of their plain meaning, giving full effect to the document as a whole."
Given
v.
Commerce Ins. Co.
,
With respect to third-party claimants, coverage is governed by part 4 of the policy, which provides that the insurer "will pay ... the amounts that [the third party] is legally entitled to collect for property damage through a court judgment or settlement," including "
the costs resulting from
the loss of use of the damaged property" (emphasis supplied). We construe the word "costs" according to its "usual and accepted meaning."
Mount Vernon Fire Ins. Co.
v.
Visionaid, Inc.
,
*4
Attempting to sidestep this plain language, the plaintiff asserts that the standard policy conflicts with G. L. c. 90, § 34O, as appearing in St. 1976, c. 266, § 7, which requires "[e]very policy of property damage liability insurance [to] provide that the insurer will pay on behalf of the insured all sums the insured shall become legally obligated to pay as damages because of injury to or destruction of property,
including loss of use thereof
" (emphasis supplied). The plaintiff's assertion of a conflict is based on the fact that the statute does not refer explicitly to "costs." But that omission does not create any conflict with the policy because the statute also does not define what constitutes "loss of use thereof." It was therefore within the authority of the Commissioner of Insurance to fill in that gap when "decid[ing] what the terms of a standard policy will be."
Colby
v.
Metropolitan Property & Cas. Ins. Co.
,
The tort decisions cited by the plaintiff do not aid her cause. None of those decisions directly addressed the question whether a plaintiff can recover loss of use damages absent proof of any actual out-of-pocket expenses. And as a more general matter, the plaintiff does not explain why common-law tort principles should trump the plain language of the standard policy. See
id
. at 210-211,
Even assuming, moreover, that tort law informs our analysis, the plaintiff fares no better in light of our recent decision in
Ramirez
v.
Commerce Ins. Co.
,
We similarly conclude that the plaintiff had to substantiate to the insurer that she incurred actual damages-i.e., actual costs *5 for substitute transportation-to recover for loss of use under part 4 of the standard policy. As the plaintiff does not dispute that she did not incur actual costs, she is not entitled to loss of use damages.
2.
Title, registration, and inspection fees
. We decline to consider the plaintiff's claim that Liberty Mutual is liable for her title and registration fees and the residual value of her inspection sticker. The plaintiff does not point to any provision in the standard policy that would entitle her to reimbursement of those fees. Instead, she relies exclusively on tort law. But again, the scope of Liberty Mutual's obligation to pay is governed by the policy. See
Given
,
Conclusion
. Although there was no error in the judge's allowance of Liberty Mutual's motion to dismiss the complaint, the judge was required to make a declaration of the rights of the parties. See
Boston
v.
Massachusetts Bay Transp. Authy.
,
So ordered.
Copies of the policy and Liberty Mutual's responses to the plaintiff's G. L. c. 93A demand letter were attached to Liberty Mutual's motion to dismiss. The judge could consider these documents without converting the motion into one for summary judgment. See
Golchin
v.
Liberty Mut. Ins. Co.
,
Our rejection of the plaintiff's arguments necessarily disposes of her claims that Liberty Mutual engaged in unfair claim settlement practices in violation of G. L. c. 93A and G. L. c. 176D. See
Ramirez
,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.