BABILONIA v. COMMERCE INSURANCE COMPANY


2001 Mass. App. Div. 169 (2001)

Elba Babilonia v. Commerce Insurance Company

Massachusetts Appellate Division, Municipal Court.

August 6, 2001.


Attorney(s) appearing for the Case

John Bernstein for the plaintiff.

Ralph N. Cecere for the defendant.

Present: Dougan, P.J., Summerville & Bernstein, JJ.


Background

Bernstein, J.

In May, 1999, the plaintiff-appellant was involved in an automobile accident as a passenger in a vehicle operated by Ramon Ramos and insured by the defendant Commerce Insurance Company. After receiving treatment for neck and cervical sprain, and dental damage, plaintiff sought payment from defendant pursuant to G.L.c. 90, §34M. The defendant withheld payment beyond thirty days while it investigated the claim. During that time...

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