Perez v. Trust Insurance

Argued the same day as Kaplan v. Trust Ins. Co., 2000 Mass. App. Div. 95, this is also a Dist./Mun. Cts. R. A. D. A., Rule 8A, appeal by Trust Insurance Co. (‘Trust”) of the trial court’s award of attorney’s fees to the plaintiff under G.L.c. 90, §34M.

This action was commenced by the injured insured to recover $627.00 in Personal Injuiy Protection (“PIP”) benefits for medical bills which Trust refused to pay. As appears to be typical lately in this type of case, any real dispute on the merits quickly took a back seat to the quarrel about attorney’s fees. Nine days after suit was filed, the…