Cruickshank v. Commerce Insurance

This is a G.L.c. 90, §34M action by a medical provider to recover Personal Injury Protection (“PIP”) payment of the outstanding balance of allegedly fair and reasonable bills for necessary chiropractic treatment provided to the defendant’s insured.3 Summary judgment was entered for the defendant-insurer, and the plaintiff filed this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal.4

The following facts appear undisputed: Defendant Peter Zueco (“Zueco”) sustained personal injuries in an automobile collision on October 8,1996. The vehicle he was driving was insured by defendant Commerce Insurance…