Barron Chiropractic & Rehabilitation, P.C. v. Norfolk & Dedham Group

The personal injury protection (PIP) provision of the automobile insurance statute permits an unpaid party to bring an action for breach of contract against an automobile insurer if the latter has not paid PIP benefits for more than thirty days after those benefits became due and payable. G. L. c. 90, § 34M, fourth par. If the unpaid party receives a judgment for any amount due and payable by the insurer, it also may recover its costs and reasonable attorney’s fees. The primary question before us is whether an unpaid party who has brought suit and thereafter refused the insurer’s tender of…