Brady v. Allstate Insurance

The plaintiff sued in the Hingham Division of the District Court, pursuant to G. L. c. 90, § 34M, to collect payment under the personal injury protection (PIP) provisions of an insurance policy issued by the defendant for the unpaid balance of his medical expenses incurred as a result of injuries he sustained in a motor vehicle accident, together with reasonable attorney’s fees and costs.

The defendant asserted as an affirmative defense that the plaintiff failed to cooperate with the defendant by furnishing medical reports of his injuries and doing all that was necessary to enable the insurer…