ROWE v. HARTFORD ACCIDENT AND INDEMNITY CO.


1982 Mass. App. Div. 65 (1982)

Robert A. Rowe vs. Hartford Accident And Indemnity Company

Massachusetts Appellate Division, Northern District.

March 3, 1982.


Attorney(s) appearing for the Case

Max A. Stoller for the plaintiff.

John R. Bologna for the defendant/third party plaintiff.

Wallace H. Levy for the third party defendant.

Present: Cowdrey, P.J., Forte & Jodrey, JJ.


Jodrey, J.

This is an action of contract wherein plaintiff, Robert Rowe, seeks to recover Personal Injury Protection Benefits (PIP) under G.L.c. 90, § 34M, the "No-Fault Statute," so called.

The Answer of the defendant, Hartford Accident and Indemnity Company, sometimes hereinafter referred to as "Hartford," asserts that the underlying debt has been discharged and that the plaintiff would be unjustly enriched by making a double recovery.

Hartford...

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