BOEHM v. THE PREMIER INSURANCE COMPANY


446 Mass. 689 (2006)

IAN BOEHM vs. THE PREMIER INSURANCE COMPANY.

Supreme Court of Massachusetts, Essex.

May 12, 2006.


Attorney(s) appearing for the Case

Francis A. Gaimari for the plaintiff.

Christopher M. Mountain for the defendant.

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


MARSHALL, C.J.

We consider whether G. L. c. 90, § 34M, which authorizes a medical provider to commence an action in contract against an insurer to recover unpaid benefits for treatment provided to an insured, also confers the right to a jury trial. We conclude that it does.

Background. Ian Boehm, a chiropractor, commenced an action in the District Court to recover from The Premier Insurance Company (Premier) personal injury protection (PIP) benefits...

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