Fascione v. CNA Insurance Companies

This appeal presents a question of statutory interpretation: whether, under G. L. c. 90, § 34M, an insurer is liable to an insured for interest, costs, and reasonable attorney’s fees when the insurer pays the insured’s personal injury protection benefits in full, but does so after the thirty-day deadline and after the insured files a complaint to recover such benefits. We conclude that the insurer is not so liable.

1. Background. Antonette Fascione sustained injuries during *89an automobile accident and, as a result, incurred medical expenses. At the time of the accident, she had been driving a…