FASCIONE v. CNA INSURANCE COMPANIES


435 Mass. 88 (2001)

ANTONETTE FASCIONE v. CNA INSURANCE COMPANIES.

Supreme Judicial Court of Massachusetts, Essex.

September 6, 2001.


Attorney(s) appearing for the Case

John P. Graceffa (Richard W. Jensen with him) for the defendant.

Francis A. Gaimari for the plaintiff.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


COWIN, J.

This appeal presents a question of statutory interpretation: whether, under G. L. c. 90, § 34M, an insurer is liable to an insured for interest, costs, and reasonable attorney's fees when the insurer pays the insured's personal injury protection benefits in full, but does so after the thirty-day deadline and after the insured files a complaint to recover such benefits. We conclude that the insurer is not so liable.

1. Background. Antonette...

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