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ARTICLE · 16 JULY 2025

Parsons v. Commerce Insurance And The Challenges Of Class Certification Under Chapter 93A

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In Parsons v. Commerce Insurance Co., 2025 Mass. Super. LEXIS 67, the plaintiff filed a putative class action against Commerce Insurance Company, asserting breach of contract...

United StatesLitigation, Mediation & Arbitration
David G. Thomas
David G. Thomas
Angela C. Bunnell
Angela C. Bunnell

In Parsons v. Commerce Insurance Co., 2025 Mass. Super. LEXIS 67, the plaintiff filed a putative class action against Commerce Insurance Company, asserting breach of contract and violations of Chapter 93A, § 9. The case stems from the insurer's valuation of the plaintiff's vehicle as a total loss following a collision. The plaintiff alleged that the insurer systematically underpaid insureds for their totaled vehicles using unfair and deceptive valuation practices. As a result, the plaintiff asserted two theories under Chapter 93A: (1) the insurer unfairly reduced actual cash value (ACV) estimates through "dealer-ready condition adjustments" derived from CCC Intelligent Solutions' Market Valuation Reports (MVRs); and (2) the insurer failed to consider the price paid and value of improvements to the insured vehicles as required under Massachusetts regulations. The Superior Court denied the plaintiff's motion for class certification.

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