Hartunian v. Arbella Mutual Insurance

As an unpaid party, Byron V. Hartunian, M.D., P.C. (“Hartunian”) billed Arbella Mutual Insurance Company (“Arbella”) for personal injury protection (“PIP”) payments pursuant to G.L.c. 90, §34M for services provided to Ronniace Campbell (“Campbell”) arising from an accident involving a vehicle insured by Arbella. Campbell’s claim for PIP benefits had earlier been denied because she had not attended an examination under oath (“EUO”).1 Payment to Hartunian having thus in turn been denied, Hartunian commenced this suit. Raising noncooperation as a defense in its answer, Arbella successfully moved…