23 Massachusetts opinions name it 2 courts 1996–2014 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fascione v. CNA Insurance Companiesgreen2 sentences2012Cos., 435 Mass. 88, 94 (2001), the court entered judgment for Pilgrim on the PIP claim. 2012Cos., 435 Mass. 88, 94 (2001), the court entered judgment for Pilgrim on the PIP claim. | 1 | 3 |
Chiropractic Care Centers, Inc. v. Arbella Mutual Insurancegreen2 sentences2014Co., 2012 Mass. App. Div. 177 , we outlined the obligation of a PIP insured to cooperate, including appearing at an EUO: ‘[T]he obligation of the injured party to cooperate with the insurer in a PIP claim is mandated by statute. 2013Moreover, while the injured party’s attorney in Chiropractic Care actually filed a PIP claim with Arbella, none was filed by or on behalf of Campbell in this case. 2 Hartunian, like the plaintiff provider in Chiropractic Care, supra at 179, failed to respond to Arbella’s motion “by affidavits or as otherwise provided in this rule, [to] set forth specific facts showing that there is a genuine issue for trial.” Mass. R. | 1 | 2 |
Jacobs v. United States Fidelity & Guaranty Co.green2 sentences2010Co., 417 Mass. 75, 76 (1994). “[O]nce the existence of a Massachusetts automobile policy, in effect on the date of the accident in question, is established, G.L.c. 90, §34M primarily sets forth those terms and conditions of the policy which are relevant to a PIP claim by an injured insured or an unpaid provider.” Id. 2010Co., 417 Mass. 75, 76 (1994). “[O]nce the existence of a Massachusetts automobile policy, in effect on the date of the accident in question, is established, G.L.c. 90, §34M primarily sets forth those terms and conditions of the policy which are relevant to a PIP claim by an injured insured or an unpaid provider.” Id. | 1 | 2 |
Kratzer v. Liberty Mutual Insurancegreen1 sentence2013Co., 2003 Mass. App. Div. 87, 89 (plaintiff not entitled to reject check for full balance of PIP claim to keep his §34M claim alive); Amari v. Amica Ins. | 1 | 1 |
Lorenzo-Martinez v. Safety Insurancegreen1 sentence2012See id. at 365-366 (nine months reasonable if insurer made seven prior unsuccessful attempts to get recorded statement, but thirteen months unreasonable if no attempts made); Knight, supra at 203 (four and one-half months unreasonable if unexplained). | 1 | 1 |
Knight v. CNA Insurancegreen1 sentence2012See id. at 365-366 (nine months reasonable if insurer made seven prior unsuccessful attempts to get recorded statement, but thirteen months unreasonable if no attempts made); Knight, supra at 203 (four and one-half months unreasonable if unexplained). | 1 | 1 |
Mericantante v. Boston & Maine Railroadgreen1 sentence2011“A judge need not instruct the jury on every spin that a party can put on the facts.” Boothby v. Texon, Inc., 414 Mass. 468, 484 (1993), citing Mericantante v. Boston & Maine R.R., 291 Mass. 261, 263 (1935). | 1 | 1 |
Boothby v. Texon, Inc.green1 sentence2011“A judge need not instruct the jury on every spin that a party can put on the facts.” Boothby v. Texon, Inc., 414 Mass. 468, 484 (1993), citing Mericantante v. Boston & Maine R.R., 291 Mass. 261, 263 (1935). | 1 | 1 |
Cingoranelli v. St. Paul Fire & Marine Insurance Co.green1 sentence2011Co., 658 P.2d 863, 869 (Colo. 1983). 3 In this case, nowhere in the release, or in the typed language on the front of the check, does the language indicate that Brown intended to release her PIP claim against Norfolk. 2. | 1 | 1 |
Provenzano v. Arbella Mutual Insurancegreen1 sentence2011Co., 2007 Mass. App. Div. 46, 47 (plaintiff health care provider’s burden in PIP claim is to prove that accident occurred, claimant’s injuries and related treatment were causally related to accident, Massachusetts automobile policy issued by defendant insurance company was in effect at time of accident, and bills for reasonable medical expenses due to plaintiff remained unpaid). | 1 | 1 |
The Employers'liability Casesgreen2 sentences2003Cases, 207 U.S. 463, 502 (1908). 2003Cases, 207 U.S. 463, 502 (1908). | 1 | 1 |
Washington v. Metropolitan Life Insurance Co.green2 sentences2001Co., 372 Mass. 714, 718-719 (1977). 2001Co., 372 Mass. 714, 718-719 (1977). | 1 | 1 |
Creswell v. Medical West Community Health Plan, Inc.green1 sentence1996Such a construction would be antithetical to the Legislature’s intent in enacting G.L.c. 90, §34M “to reduce the number of small claim tort cases being entered in the courts ... and to address the high costs of motor vehicle insurance in the Commonwealth.” Creswell v. Medical West Comm. Health Plan Inc., 419 Mass. 327, 328 (1995). | 1 | 1 |
Wincek v. Town of West Springfieldgreen2 sentences1996For a similar scenario, see Wincek v. West Springfield, 399 Mass. 700 (1987). 2 To allow plaintiff that double recovery would subvert the purposes of the PIP law. 1996Indeed, at oral argument in response to a direct question on that issue, plaintiff’s counsel conceded that he did not, a view confirmed in Wincek v. West Springfield, id. at 702 (police officer who recovers under his underin-sured vehicle coverage provision of his personal automobile insurance policy not subject to reimbursing town for chapter 41 payments). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Galena v. Commerce Insurance
green
2 sentences2011Galena, supra at 222 . 2011Co., 2001 Mass. App. Div. 222 , an action brought by the health care provider who had treated the insured, the insured party “in effect released everybody in the world from any claim arising out of [the] accident.” Id. at 223 . | 3 | 2002–2011 |
Boffoli v. Premier Insurance
green
2 sentences2012Co., 71 Mass. App. Ct. 212 (2008), further app. rev. denied, 451 Mass. 1103 (2008), the Appeals Court held that while the claimant in that case conceded that the filing of an incomplete PIP application four months after the accident was not “as soon as practicable,” it did not amount to noncooperation because “an insurer must demonstrate prejudice when denying PIP benefits because of the late filing of the application for such benefits, provided that the application is filed within two years after the accident.” Id. at 216. 2 In this case, no PIP claim was filed at all, even though an applicat 2010Co., 71 Mass. App. Ct. 212 (2008), argued that neither Chhoeuth, nor Northshore, filed a timely PIP claim under G.L.C. 90, § 34M. | 2 | 2010–2012 |
Northshore Chiropractic v. Commerce Insurance
neutral
2 sentences2014Id. at 170-171 . 6 In this case, Emerson submitted an itemized bill listing five charges and a medical report. 2014Id. at 170-171 . 6 In this case, Emerson submitted an itemized bill listing five charges and a medical report. | 1 | 2014–2014 |
Essex Chiropractic Office, LLC v. Plymouth Rock Assurance Corp.
green
2 sentences2013Corp., 2008 Mass. App. Div. 269, 270 . 2013Corp., 2008 Mass. App. Div. 269, 270 . | 1 | 2013–2013 |
Amari v. Amica Insurance
green
1 sentence2013Co., 2003 Mass. App. Div. 77, 78 . 4. | 1 | 2013–2013 |
Advanced Spine Centers, Inc. v. Commerce Insurance
green
1 sentence2012Co., 2011 Mass. App. Div. 91 , again in Advanced Spine Ctrs., Inc. v. Commerce Ins. | 1 | 2012–2012 |
Lynn Physical Therapy, Inc. v. Commerce Insurance
neutral
1 sentence2012Co., 2011 Mass. App. Div. 107, 111 . | 1 | 2012–2012 |
Millennium Equity Holdings, LLC v. Mahlowitz
green
2 sentences2010Millennium Equity Holdings, LLC, supra. It is undisputed that not only did Chhoeuth fail to file a PIP claim within two years of the accident, but she failed to file any claim at all. 2010Millennium Equity Holdings, LLC, supra. It is undisputed that not only did Chhoeuth fail to file a PIP claim within two years of the accident, but she failed to file any claim at all. | 1 | 2010–2010 |
Mello v. Hingham Mutual Fire Insurance
green
2 sentences2005The insurer has a contractual right to “determine promptly — while the evidence and memories are still fresh — the validity of any loss for which it might become liable.” Mello, 421 Mass. at 341 ; see Segal v. Aetna Cas. & Sur. 2005The insurer has a contractual right to “determine promptly — while the evidence and memories are still fresh — the validity of any loss for which it might become liable.” Mello, 421 Mass. at 341 ; see Segal v. Aetna Cas. & Sur. | 1 | 2005–2005 |
Nei v. Burley
green
2 sentences2003Nei v. Burley, supra, at 313 . 2 While the issue is not completely free from doubt, the more persuasive arguments lead us to conclude that there is a right to trial by jury on a PIP claim for “benefits due and payable” by the insurer under G.Lc. 90, §34M. 2003Nei v. Burley, supra, at 313 . 2 While the issue is not completely free from doubt, the more persuasive arguments lead us to conclude that there is a right to trial by jury on a PIP claim for “benefits due and payable” by the insurer under G.Lc. 90, §34M. | 1 | 2003–2003 |
Wang v. Liberty Mutual Insurance
neutral
2 sentences2001Co., 2000 Mass. App. Div. 313 , which was decided after the trial judge ruled in this case. 4 It was decided in Wang , under virtually identical circumstances, 5 that the action of the insured in insisting upon an audio recording of the examination did not, in light of the physician’s refusal to examine the insured under those circumstances, constitute a refusal to cooperate with the medical examination justifying the insured’s refusal to pay the plaintiffs PIP claim. 2001As was true in Wang , there is nothing in the present case to suggest “that the objective of the examination would he thwarted or impeded by the tape recording of the examination interview.” Id. at 313-314 . | 1 | 2001–2001 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.