Results + Publications

93A Consumer Protection Statute – Closed Raceway Accident

Attorney Involved | Mark W. Shaughnessy

The plaintiff, an insurance agent, sued my client, the plaintiff’s insurer, when his high performance motor vehicle was damaged while he was driving on the New Hampshire International Speedway. Plaintiff’s vehicle was a high-performance street-legal car that the plaintiff has spent hundreds of thousands of dollars on modifications to the vehicle. As a result of the accident with the speedway, the vehicle was a total loss. The plaintiff sued the insurer, seeking a recovery of the full property damage and damages in the form of treble damages and legal fees.

The primary defense theory was that the vehicle was not covered under the applicable insurance policy. Although unclear, the policy stated that there would be no coverage for vehicles operated in a “speed or motor contest.” Although it was undisputed that the plaintiff was not operating his motor vehicle in a speed or motor contest, he was operating the motor vehicle on a closed racetrack. The defense highlighted the circumstances of the accident noting that a reasonable person could not reasonably expect to be covered while operating a motor vehicle in closed track environment.

Results


Contact Us

We invite you to contact our office to learn more about our services, and to discover further information about our attorneys and services. Our team looks forward to serving your needs in the future.

Boston

695 Atlantic Ave, Boston, MA 02111, USA

BRAINTREE

25 Braintree Hill Office Park #301, Braintree, MA 02184

HARTFORD

280 Trumbull Street, 22nd Floor Hartford, CT 06103

MANCHESTER

650 Elm Street, Manchester, NH, USA

NORWALK

162 East Avenue, Suite 1C Norwalk, CT 06851

PORTLAND

477 Congress Street, Fifth Floor Portland, ME 04101

PROVIDENCE

1 Turks Head Place, Providence, RI

Vermont

46 Lincoln Corners Way, Suite 1, Woodstock, VT 05091

WHITE PLAINS

One North Broadway, Suite 410 White Plains, NY 10606

WOODSTOCK, VT

423 W Broadway, Boston, MA 02127, USA

WORCESTER

446 Main Street, Worcester, MA 01608, USA

  • This field is for validation purposes and should be left unchanged.