Essex Chiropractic Office v. Amica Mutual Insurance

Pierce, J. Plaintiff Essex Chiropractic Office (“Essex”) contends on this appeal

that the trial court erroneously awarded summary judgment to the defendant, Arnica Mutual Insurance Company (“Arnica”), based on a payment made by Arnica to Essex pursuant to Fascione v. CNA Ins. Cos., 435 Mass. 88 (2001). As to both the G.L.c. 90, §34M and the G.L.c. 93A claims, we affirm.

On June 4, 2009, Essex’s patient, Yorvi Matute (“Matute”), was involved in an automobile accident while covered by a standard Massachusetts automobile policy issued by Amica. Matute submitted two applications for personal injury…