Kaplan v. Trust Insurance

This is a Dist./Mun. Cts. R. A. D. A., Rule 8A, appeal by defendant Trust Insurance Company (‘Trust”) which raises the same objections to the court’s award of attorney’s,, fees under G.L.c. 90, §34M, the Personal Injury Protection (“PIP”) statute, as were raised in Moon v. Trust Ins. Co., 2000 Mass. App. Div. 89.

In this case, the chiropractor who treated the insured party injured in an automobile accident brought suit for unpaid medical bills. He alleged that Trust failed to pay $803.50 in PIP benefits due under the applicable policy. The parties filed an agreement for judgment which provided…