Norfolk received notice of the accident on August 22, 2008, and, on October 10, 2008, received Jean–Pierre's application for PIP benefits. 90, § 34A, which requires compulsory motor vehicle liability insurance, including PIP benefits. Jean–Pierre was injured while driving a vehicle insured by the defendant Norfolk & Dedham Group (Norfolk) pursuant to G.L. (Barron), provided chiropractic services to Nicole Jean–Pierre following her automobile accident on August 20, 2008. The plaintiff, Barron Chiropractic & Rehabilitation, P.C. We conclude that it may proceed with the action under G.L. The primary question before us is whether an unpaid party who has brought suit and thereafter refused the insurer's tender of amounts due and payable, made prior to the entry of judgment, may proceed with the suit and, if successful, obtain a judgment for those amounts as well as its costs and attorney's fees. 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 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. Moutain, for American Insurance Association & others, amici curiae, submitted a brief. Michael Sloman, for Automobile Insurers Bureau, amicus curiae, submitted a brief. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.1įrancis A. Supreme Judicial Court of Massachusetts,Norfolk.īARRON CHIROPRACTIC & REHABILITATION, P.C.
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