Barron Chiropractic & Rehab., P.C. v. Norfolk & Dedham Group

At issue in this case was whether an unpaid party who has brought an action for breach of contract against an automobile insurer and thereafter refused the insurer’s tender of personal injury protection (PIP) benefits due and payable, made prior to the entry of judgment, may proceed with the suit and obtain a judgment for those amounts, as well as its costs and attorney’s fees. Plaintiff here provided chiropractic services to a patient, who was injured while driving a vehicle insured by Defendant. Plaintiff sought payment from Defendant for its treatment of the patient, but Defendant determined it was liable for only a portion of Plaintiff’s submitted fees. Plaintiff then filed a complaint seeking, among other things, payment of the disputed amount plus costs and attorney’s fees pursuant to Mass. Gen. Laws ch. 90, 34M. Before trial, Defendant sent Plaintiff a check for the disputed amount, but Plaintiff rejected the offer. The district court granted summary judgment for Defendant, and the appellate division affirmed. The Supreme Judicial Court vacated the judgment in part, holding that an insurer’s late tender of PIP benefits, made after a claimant has filed suit and which the claimant denies to accept, does not entitle an insurer to summary judgment. View "Barron Chiropractic & Rehab., P.C. v. Norfolk & Dedham Group" on Justia Law