Marks v. Commerce Insurance

This is a G.L.c. 90, §34M action by a medical provider, chiropractor Randy Marks, DC (“Marks”), to recover personal injury protection (“PIP”) benefits for treatment he provided to Commerce Insurance Company’s (“Commerce”) insured, Marie Mathurin (“Mathurin”). Marks has appealed the entry of summary judgment in favor of Commerce.

The facts are not in dispute. Mathurin was injured in an automobile accident and filed a claim against the other driver, who was insured by Arnica Insurance (“Arnica”). Mathurin was treated by Marks for her injuries. On January 31, 2000, during the course of her…