Legal Opinion
Kaplan v. Pilgrim Insurance
Massachusetts District Court, Appellate Division
Decided January 18, 2012Published
1Opinion of the CourtPierce, J.
The plaintiff, Michael H. Kaplan (“Kaplan”), appeals the allowance of summary judgment in favor of the defendant, Pilgrim Insurance Company (“Pilgrim”). The issue presented is whether a claimant for personal injury protection (“PIP”) benefits waives his right to contest the timeliness of a request for an examination under oath (“EUO”) by attending the examination. We conclude that by appearing for the EUO, the claimant did not waive his right to contest the reasonableness of the request. Accordingly, we vacate the grant of summary judgment and return the case for trial.
On June 9, 2003,…
2Cases cited9 opinions
- Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
- Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
- Columbia Chiropractic Group, Inc. v. Trust InsuranceMassachusetts Supreme Judicial Court · 1999
- Lorenzo-Martinez v. Safety InsuranceMassachusetts Appeals Court · 2003
- Plymouth Port, Inc. v. SmithMassachusetts Appeals Court · 1988
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