Massachusetts 93A Damages Against Insurer

Massachusetts’ Boston Municipal Court, Appellate Division, recently held that a Massachusetts insurance company cannot be held liable under Massachusetts General Law Chapter 93A when it refuses to pay a medical bill submitted under the PIP portion of an automobile insurance policy when the treatment associated with the bill is not “reasonably clear.” The attorney’s at the Boston Law office of Neil Burns can help if you are injured in a car accident. The details as described below show there are many details involved in filing a personal injury. The Boston lawyers at the Law Office of Neil Burns can help.

The case involved the defendant, Commerce Insurance Company, who the injured plaintiff charged with violating Massachusetts General Law Chapter 93A, when Commerce Insurance refused to pay the injured plaintiff’s $250 medical bill. The Court affirmed the lower court’s decision dismissing the case because it found that under the circumstances, the insurer acted reasonably.
In this case the Court concluded that Commerce Insurance Company’s reliance on the insurance medical exam (IME) of the insured was reasonable. The insurance doctor opined that treatment by the doctor was not related to the motor vehicle accident. Wherefore, the Court said, Commerce was ok at that point. When the injured party’s lawyer sent a 93A letter, Commerce made a business decision and paid. However, the Court ruled that Commerce had a basis to make the initial decision not to pay, because they had their “doctor’s” report.