Barkas v. Premier Insurance

When the insurer denied his Personal Injury Protection (“PIP”) benefits claim for lost wages, the plaintiff brought this action for breach of contract. After a bench trial, the court found for the defendant, and the plaintiff commenced this appeal. Specifically, the trial judge found that the plaintiff failed to comply with the provisions of G.L.c. 90, §34M, and the policy of insurance with respect to his claim for lost wages. General Laws c. 90, §34M, provides, in part:

Claim for benefits due under the provisions of personal injury protection ... shall be presented to the company providing…