Hartunian v. Pilgrim Insurance

Byron V. Hartunian, M.D., P.C. (“Hartunian”) commenced this action against Pilgrim Insurance Company (“Pilgrim”) for breach of contract to recover unpaid personal injury protection (“PIP”) benefits under G.L.c. 90, §34M and for violations of G.L.C. 93A, §11, all arising from medical services provided to Patricia Henderson-Sneed (“Sneed”). After a jury-waived trial, the judge found for Pilgrim on the PIP claim and for Hartunian on the G.L.c. 93A claim.1 Pilgrim has appealed the G.L.c. 93A judgment.

In reaching his decision, the judge made the following findings of fact. On April 24, 2007, Sneed…