Duffy v. Enterprise Rent-A-Car Co. of Boston, Inc.

John Duffy, D.C., d/b/a Waltham Chiropractic (“Duffy”), claiming the status of an unpaid party under G.L.c. 90, §34M, commenced an action against Enterprise Rent-A-Car Company of Boston, Inc. (“Enterprise”) for personal injury protection (“PIP”) benefits in payment of treatment provided by Duffy to Jacques Joseph (“Joseph”). Duffy asserted violations of §34M and G.Lc. 93A, §11. Prior to the scheduling of a pretrial conference, Enterprise paid Duffy the full amount of the claim. Citing Fascione v. CNA Ins. Cos., 435 Mass. 88 (2001), Enterprise moved for summary judgment on the §34M claim on…