The Massachusetts Supreme Judicial Court has ruled that post-judgment interest in a bad faith case against an insurance company should not be included in the amount that is doubled or trebled under Massachusetts law.

The Case

Odin Anderson, his wife, and his daughter filed a personal injury action in a Massachusetts state court seeking to recover for the injuries Mr. Anderson suffered after being struck by a bus owned by Partners Healthcare Systems, Inc., that was being driven by one of its employees.

The Andersons also filed a separate action against Partner's insurers and claims representatives; proceedings in that action were stayed pending resolution of the underlying personal injury claims.

After a trial, a jury awarded Mr. Anderson $2,961,000 in damages in the personal injury action and awarded his wife and daughter $110,000 each.